Bill 36 (Legislature 12, Session 3)

L12 S3 6481

Alberta — Bills

REPRINTED BILL Bill No. 36 of 1955 A BILL TO AMEND THE SEIZURES ACT NOTE This Bill amends The Seizures Act, being

chapter 143 of the Revised Statutes of Alberta,

Section 39 is amended to permit a creditor or debtor to apply, after a distress, to a judge for directions as to the exercise by the sheriff of any of his powers or authorities under this Act and to permit the judge thereupon to give such directions to the sheriff as the judge thinks proper. A new

section 41a is added and makes it an offence to fail to file the statutory declaration required by

section 30 or to charge more by way of fees or disbursements than the sheriff can charge in similar cases. This offence relates to the sale of a seized chattel by the creditor.

Section 47 is added. It permits a vendor under a condi tional sale agreement or chattel mortgage to examine the purchaser or mortgagor, after distress proceedings have been instituted, as to the whereabouts of any of the goods that form part of the vendor~s security. This Bill comes into force upon assent. J. W. RYAN, Acting Legislative Counsel. (This note does not form any part of the Bill but is offered in e~planation of its proviBions.)

Section 39 amended New

section 41a Penalties REPRINTED BILL BILL No. 36 of 1955

An Act to amend The Seizures Act ( Assented to ,1955) HER MAJEST,Y, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Seizures Act, being

chapter 143 of the Revised Statutes of Alberta, 1942, is hereby amended.

Section 39 is amended (

a) by renumbering the

section as subsection (1), (

b) by adding immediately after subsection (1) the following new subsection: "

(2) At any time after a distress the creditor or debtor may upon his own motion apply to a judge for directions with respect to the exercise or intended exercise by the sheriff of any of t..he powers, duties or authorities conferred upon the sheriff by this Act and upon any such application the judge may, upon such notice to such parties as he thinks proper and after hearing such evidence as he deems necessary, make an order giving such directions, not inconsis tent with this Act, as he -in his absolute discretion deems proper and convenient and no action or pro ceeding of 'any kind lies against the sheriff for anything done pursuant to or in conformity with any direction so given.". 3.

The following new

section is added immediately after

section 41: "41a. A person who contravenes any of the provisions of clause (

b) of

section 30 is guilty of an offence and liable upon

summary conviction "(

a) in the case of a corporation, to a fine of not more than two hundred dollars and costs, and " (

b) in the case of any other person, to a fine of n?t more than two hundred dollars and costs and In default of payment thereof to imprisonment for a term of not less than two months nor more than six months.".

2 4. The following new

section is added immediately after Net'! 47

section 46: sec on "47.

(1) In this

section ~i~~re- " (a) 'creditor' means the person who has the power of "creditor" distress under a conditional sale agreement or a chattel mortgage; " (b) 'debtor' means the person who, under a conditional "debtor" sale agreement or a chattel mortgage, is liable for the payment of any money or the delivery up of any goods or chattels, if the payment of the money or the delivery up of the goods is enforceable by distress or by proceedings in the nature of distress. "

(2) At any time after a distress a creditor may, upon Examination the order of a judge, examine his debtor upon oath before of debtor the clerk of the judicial district within which the debtor re- sides, or before any other person named in the order, as to the whereabouts of the goods and chattels that comprise the creditor's security under the conditional sale agreement or the chattel mortgage. "

(3) In an examination under this

section Order XXVIII Application • • of Rules of of the ConsolIdated Rules of the Supreme Court applIes COUrt mutatis mutandis as if the examination of the debtor under this

section were an examination of a judgment creditor under the said Rules.". 5. This Act comes into foree on the day upon which fo~~~ng into it is assented to.

No. 36 THIRD SESSION TWELITH LEGISLATURE 4 ELIZABETH II 1955 BILL

An Act to amend The Seizures Act Received and read the First time ...................................... . Second time ..................................... . Third time ..................................... . HON. MR. MAYNARD Title: 1955 (12th, 3rd) Bill 36,

An Act to amend The Seizures Act

Document details

Collection	Alberta — Bills
Citation	L12 S3 6481
Type	bill
Volume / chapter	L12 S3 6481
Language	en
Format	json
Source	PROVINCIAL
Identifier	d291b060fa5a5e86614830b4dbc876b7a6cbe9d2

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