Bill 41 — Second Session, 16Th Legislature, 18 Elizabeth Ii the Legislative Assembly of Alberta Bill 41 An Act To Amend the Communal ..P.R.Op.E.D.Yact (Legislature 16, Session 2)

L16 S2 4608

Alberta — Bills

1969 Bill 41 Second Session, 16th Legislature, 18 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 41

An Act to amend The Communal ..p.r.op.e.d.yAct THE MINISTER Of MUNICIPAL AFFAIRS First Reading ............................. . Second Reading ... Third Reading .. Printed by L. S. Wall, Queen's Printer, Edmonton

BILL 41 1969

An Act to amend The Communal Property Act (Assented to , 1969) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Communal Property Act is hereby amended.

Section 11 is amended by striking out subsection (2) and by substituting the following:

(2) Any transfer, agreement or lease contravening sub section (1) is against public policy and void.

(3) Where an money is paid pursuant to a void transfer, agreement or lease, (

a) the money is forthwith recoverable as a debt owing by the person to whom it was paid to the person by whom or on whose behalf it was paid, and (

b) if the person by whom or on whose behalf the money was paid fails to take proceedings to re cover it after being requested to do so by the Board, the chairman of the Board may, in the name of and on behalf of that person, take all proceedings necessary to recover the money. ( 4) Where a colony or person acting on behalf of a colony acquires title to or possession of land in contravention of

section 6 or 7, (

a) title to or possession of the land is forthwith re coverable by the person entitled thereto, and (

b) if that person fails to take proceedings to recover title or possession after being requested to do so by the Board, the chairman of the Board may, in the name of and on behalf of that person, take all pro ceedings necessary to recover title to or possession of the land. ( 5) Any costs incurred by the chairman of the Board in proceedings taken under this

section are payable by the person in whose name the proceedings are taken.

Explanatory Notes I. This Bill amends

chapter 52 of the Revised Statutes.

Section 11 presently reads: 11.

(1) No person by himseIf or by his agent shall sell, agree to sell, attempt to sell, lease, agree to lease, or otherwise dispose to a colony land that would (

a) increase the holdings of land of the colony in contravention of

section 4, or (

b) vest the title or possession of land in the colony in contraven tion of sections 6 and 7.

(2) Any transfer, agreement or lease contravening subsection (1) is absolutely null and void, and any money paid pursuant to any such transfer, agreement o,r lease (

a) is a debt owing by the person to whom it was paid to the per son by whom or on whos.e behalf it was paid, and (

b) is recoverable forthwith by such last mentioned person in any court of c,ompetf'nt jurisdiction.

Section 13, subsection (1) ise amended by striking out the word "may" and by substituting the word "shall". 4. This Act comes into force on the day upon which it is assented to. 2

2 3.

Section 13 (1) presently reads: 13.

(1) A colony may apply 'by written notice to the Board for leave to purchase. lease or otherwise acquire any land. Title: 1969 (16th, 2nd) Bill 41,

An Act to amend The Communal Property Act

Document details

Collection	Alberta — Bills
Citation	L16 S2 4608
Type	bill
Volume / chapter	L16 S2 4608
Language	en
Format	json
Source	PROVINCIAL
Identifier	c1a7d8e45e060c730de75769c8915f15f144fb7b

Source file is stored in the law ingest library (json).