Bill 32 (Legislature 8, Session 3)

L8 S3 8276

Alberta — Bills

Bill No. 32 of 1937. A BILL TO AMEND THE SEIZURES ACT. NOTE. The amendments made by sections and of this Bill are designed to make it clear that once a seizure of goods is made pursuant to the Act, the goods remain under seizure until the sheriff releases the seizure in writing or the goods are sold.

Section of this Bill relates to the sale by a creditor of goods seized under distress, or under chattel mortgages or conditional sale agreements; it provides that the sheriff may upon the application of the debtor, upon being satisfied that the value of the goods is in excess of the claim against them, direct that the sale of such goods shall be subject to his approval, and thereupon the goods may not be sold with out his approval, and the proceeds of sale are to be delivered to the sheriff. R. ANDREW SMITH, Legisla,tive Counsel. (This note does not form any part of the Bill and is offered merely as a partial explanation of some of its provisions.) BILL No. 32 of 1937.

An Act to amend The Seizures Act. (Assented to ,1937.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1.. This Act may be cited as "The Seizures Act Amend ment Act, 1937." 2. The Seizures Act, being

chapter of the Statutes of Alberta, 1933, is hereby amended as to

section thereof, by striking out the following words "and thereupon and thereafter the goods so seized shall be deemed to be continuously under seizure by the sheriff until such time as the sheriff by notice in writing abandons the seizure or the goods have been sold!'; 3. The said Act is further amended as to

section 23, by adding at the end thereof the following new subsection: "

(2) Any seizure made pursuant to the provisions of this Act shall be deemed to be a continuing seizure until such time as the sheriff by notice in writing releases the seizure or until the goods or property under seizure have been sold." 4. The said Act is further amended as to

section by adding at the end thereof the following new paragraph: "(0) upon the application in writing to the sheriff by the debtor stating that in his opinion the value of the goods seized is greater than the amount of the creditor's claim and costs, the sheriff being satisfied that it is proper in the circumstances so to do, may direct that the goods seized shall only be sold subject to his approval and in that event no sale of the goods shall be made by the creditor until the approval of the sheriff has been obtained and the proceeds of the said sale shall be paid to the sheriff to be dealt with by him according to law." 5.

This Act shall come into force on the day upon which it is assented to. THIRD SESSION EIGHTH LEGISLATURE GEORGE VI BILL

An Act to amend The Seizures Act. Received and read the First time ...................................... .. Second time ........................... . Third time .............................. , ....... .. HON. MR. HUGILL. EDMONTON: A. Shnitka, King's Printer Title: 1937 (8th, 3rd) Bill 32,

An Act to amend The Seizures Act

Document details

Collection	Alberta — Bills
Citation	L8 S3 8276
Type	bill
Volume / chapter	L8 S3 8276
Language	en
Format	json
Source	PROVINCIAL
Identifier	d9931024492252e6ab49001f9d011b58f8109778

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