Bill 54 (Legislature 9, Session 4)

L9 S4 7659

Alberta — Bills

Bill No. 54 of 1944. A BILL TO AMEND THE JUDICATURE ACT. NOTE. This Bill amends The Judicature Act,

chapter 129, R.S.A., 1942. The amendment made by paragraph (

a) of

section 1 of the Bill is to require the Court to grant a stay of proceed ings in fore,closure actions where it is made to appear that the default of the debtor is due in whole or in part to his inability to market his grain by reason of lack of elevator space. Provision is made for s-etting aside the stay in accordance with the change of circumstances. Paragraph (

b) changes the words "the judge" to "a judge" to make it clear that it is not necessary for applica tions in an action to be made before the same judge who had already made an order nisi or otherwise. Paragraph (

c) of the same

section strikes out ,clause (iii) of paragraph (f). Paragraph (

c) of the former clause (iii) has been re-enacted and (

a) and (

b) have been struck out as having references to The Debt Adjustment Act which has been repealed, making the paragraphs no longer neces sary. The amendment to

section 36 of the Act made by

section 2 of the Bill adds additional words to paragraph (0). That paragraph restricted the remedy of a mortgagee or vendor to the land itself, and the added words provide that no action for damage shall lie against a mortgagor or purchaser where the land has been sold for taxes whether arising from the default of the mortgagor or purchaser or not. W. S. GRAY, Acting Legislative Counsel. (This note does not form. any part of the Bill but is offered in explanation of its provisions.)

BILL No. 54 of 1944.

An Act to amend The Judicature Act. (Assented to , 1944.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Judicature Act, being

chapter 129 of the Revised Statutes of Alberta, 1942, is hereby amended as to

section 34, (a) (b) (

c) by adding immediately after paragraph (

e) thereof the following new paragraph: " (ee) In any action, cause or matter for the enforce ment of any security or charge on farm land or for determination or specific performance of any agreement for the s,ale of farm land or for the possession of farm land, notwithstanding the terms of any order or judgment theretofore made, the Court or a judge shall grant a stay of proceedings upon it being made to appear that the default of the mortgagor, purchaser or other person is in whole or in part due to his inability to market grain by reason of lack of elevator space or the restrictions as to de li very of grain imposed under the provisions of The Canadian Wheat Board Act and the regulations made thereunder.

Any stay grant ed hereunder shall remain in for,ce until set aside by a judge, but shall only be set aside upon application after notice, and upon the judge being satisfied that the conditions exist ing at the time of the granting of the stay and by reason of which it is granted, no longer exist;" ; by striking out the words "the judge'~ where the same occur in the proviso to clause (ii) of para graph (f), and by substituting therefor the words "a judge" ; by striking out clause (iii) of paragraph (f), and by substituting therefor the following: "(iii) Nothing contained in this paragraph shall apply to any order to which the consent 6f the debtor has been obtained ;".

2 2. The s·aid Act is further amended as to

section 36,- (

a) by adding immediately at the end of paragraph (0) thereof the following words: "and no action shall lie for damages based upon the sale or forfeiture for taxes on land included in the mortgage or agree ment for sale whether or not the sale or forfeiture was due to or the result of the default of the mortgagor or pur,chaser of the land or of the trans feree or assignee of the mortgagor or purchaser"; (

b) by striking out the words "the judge", wherever the same occur in paragraph (

p) thereof, and by substituting therefor the words "a judge". 3. This Act shall come into force on the day upon which it is assented to.

No. 54. FOURTH SESSION NINTH LEGISLATURE 8 GEORGE VI 1944 BILL

An Act to amend The Judicature Act. Recei ved and read the First time ........... . Second time ..................................... . Third time. HON. MR. MAYNARD. EDMONTON: A Shnitka, King's Printer 1944 Title: 1944 (9th, 4th) Bill 54,

An Act to amend The Judicature Act

Document details

Collection	Alberta — Bills
Citation	L9 S4 7659
Type	bill
Volume / chapter	L9 S4 7659
Language	en
Format	json
Source	PROVINCIAL
Identifier	d958c9cd0bee2caf265573b01cac47d4dc8e18a0

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