Bill 65 (Legislature 6, Session 2)

L6 S2 9148

Alberta — Bills

BILL No. 65 of 1928.

An Act to amend The Debt Adjustment Act. (Assented to , 1928.) 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 Debt Adju:~tment ~4ct A.mendment Act, 1928." 2. The Debt Adjustment Act, being

chapter 43 of the Statutes of Alberta, 1923, is hereby amended by striking out the caption "Part I." . 3. Section.2 of the said Act is hereby struck out. 4. The caption "Part II," and sections 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 are hereby struck out and the fol lowing substituted therefor: "7.-

(1) Upon the application of any person who is an actual resident of and personally bona fide engaged in farm ing operations in the Province, hereinafter referred to as a 'resident' (who has any interest in a crop), the director may, if from inquiries made by him he is satisfied that it is in the interests 0:1; the resident and his creditors so to do, apply either to the judge of the District Court exercising jurisdiction as judge of the district in which the resident resides, or to the master in chambers at Calgary,'if the resi dent resides in the .judicial districts of Calgary, Macleod, Lethbridge, Medicine Hat, Red Deer or Hanna, or to the master in chambers at Edmonton, if the resident resides in any other judicial district, for leave to grant and file the certificate hereinafter mentioned.

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(2) Every application by the resident to the director shall be in writing, and shall be accompanied by a sworn declaration by the resident, all in form A in the

schedule to this Act .. "

(3) Every application by the director to the judge or master, shall be disposed of in a

summary manner, either ex parte or upon such notice to such persons, if any, as. the judge or master in his discretion may deem proper, and shall be decided upon such material as the judge or master may require, and there shall be no appeal from his decision.

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(4) The ju~ge or master upon being satisfied that it is in the interests of both thl:l res'ident and his creditors, having regard to the intent and purpose of this Act, so to do, may give his fiat for the granting and filing by the director of a certificate in form C of the

schedule to this Act, and such fiat may be in for111 B of the said schedule. and there upon the director shall issue. the said certificate. "

(5) Thereupon the director shall file in the office of the clerk of the court and of the sheriff of ihe judicial disirict or sub-judicial district in which the resident resides, as the case may be, the certificate in form C with the fiat en dorsed thereon or attached thereto, and shall file a copy thereof in the Land Titles Office for the Land Registration District in which the resident resides, and shall cause a notice to be inserted in The Albe'rta Ga,zette to the effect that a certificate has been ftled by him in respect of such resident in pursuance of the provisions of this Act.

"( 6) Upon the filing of the said certificate no proceeding in the nature of an execution or proceedings leading to sale or foreclosure of real property, and no proceeding of any sort either in Court or Extra-Judicial which l11ay lead to the seizure or sale of the property of any resident shall be taken or continued, except only in the cases hereinafter pro- vided. . "(7) . As soon as conveniently may be after the filing of any certificate, the director shall take such steps as he deems proper to acquaint the creditors with the financial position of the resident. "8.-

(1) In any case where a certificate has been filed, a creditor of such resident may apply for leave to proceed to a judge upon notice in writing to the director, and such notice shall be deemed to be served upon proof that the same was sent from some post ·office within the Province of Al berta, in a duly prepaid cover, by registered mail, addressed to the director, or to the assistant director having an office in the judicial district in which the resident resides, at least seven clear days .. before the date of hearing mentioned in the notice. "

(2) Every such application shall be made to a judge of the District Court exercising jurisdiction as judge of the district in which the resident resides. "

(3) Every such application shall be heard in a

summary manner, and the judge may receive evidence by affidavit or viva voce or otherwise as he may think fit, and the judge shall have an absolute discretion as to the granting or re fusing of any leave, having regard to the circumstances of the resident and of the creditor, and the purpose and objects of this Act, and may make any order he thinks proper for the interim preservation of the property of the resident situate within any area, and particularly may, as a condi tion of refusing such leave, impose upon the'resident any terms and conditions he deems advisable as to the disposi-

3 tion and sale of any property of the resident situate within any area and the application of the proceeds of sale; and upon granting any such leave may cancel the certificate filed, and may at the time of granting such leave or by subsequent order give all requisite directions for the remoyal and sale of the whole or any part of the property of the resident situate in any area which may become liable to seizure and sale in consequence of the granting of such leave or the can cellation of the certificate and for the distribution of the proceeds of sale thereof, and the provisions of The Extra Judicial Seizures Act shall not apply in any such case.

"9. In any case where it is made to appear to the director by any creditor or creditors of a resident in respect of whom a certificate has been filed, that it is advisable so to do, the director may, in his sole discretion, cancel such certificate by filing in the offices of the clerk, sheriff and registrar in which the certificate was originally filed, a cancellation in form B of the

schedule to this Act, and thereupon such certificate shall cease to have any effect whatsoever. "10.

In any case where a certificate under this Act has been filed, and it is made to appear by any creditor to the director that the property of the resident therein named is for any reason whatsoever in jeopardy, the director may by writing under his hand directed to the sheriff of the judicial district in which such property is situated require such sheriff to seize such designated property, and to hold and deal with the same for him in such manner as the director may in writing direct; and thereupon the sheriff shall pro ceed forthwith to seize such property and to deal with the same in such manner as the dir~ctor may from time to time by writing under his hand direct, and the proper fees and expenses incurred by the sheriff in respect of such property shall be a charge upon the ·said property.

"11. The director is hereby empowered, in any case where he has filed a certificate, to direct the resident named in such certificate to deal with all or any ~part of his property in such manner as the director may in,his discre tion deem expedient, and every such direction shall be in writing and signed by the director, and it shall be the duty of such resident to comply with every such direction. "12.

If any resident in respect of whom a certificate has been filed under this Act makes default in complying with any direction given by the director under the provisions 'of the Jast preceding section, or in complying with any order, direction or condition given or imposed by a judge under the provisions of this Act. then, and in every such case, the resident shall be guilty of an offence and shall be liable upon

summary conviction to a fine not exceeding two hundred and fifty dollars, and in default of payment thereof, to a term of imprisonment with hard labor not exceeding three months, or to both. "13. The director may make all such inquiries as he may from time to time deem advisable with regard to the prop erty of any resident in respect of whom a certificate has

4 been ·filed, and as to the disposition of any such property, and for that purpose may examine under oath any such resident and his servants and agents, and any person who appears to the director to have any knowledge of the affairs of such resident. "1.4. All the powers and authority by this Act conferred upon the director shall be deemed to be conferred upon every assistant director. and may be exercised by the aSflistant director in the absence of the director, or within the area for which such assistant director is appointed. "15.

Every clerk of the court and sheriff, and every deputy clerk and deputy sheriff, and every registrar of land titles shall receive and file every certificate filed pur suant to this Act, and every judge's order cancelling any certificate, without fee, and shall keep a record thereof." 5. The

schedule to the said Act is hereby struck out and the following substituted therefor: "SCHEDULE. "FORM A. "(Section 7, subsection 2.) "In the matter of The Debt Adjustment Act. "I, the undersigned, do hereby solemnly and sincerely declare as follows: "1. That I am resident at .......................... . "2. That I am personally bona fide engaged in farming operations at ...................... , in the Province of Alberta. "3. That I am the owner of the land and crops thereon, as follows: Description o~ land Crops thereon Acreage of crops "4.

That I own the following live stock and farm ma chinery: Horses ........................... . Cattle ..... ~ ...................... . Sheep ............................ . Swine ............................ . Farm machinery ................... . "5. That I am indebted in the sum of $ .......... , and that I am unable presently to pay such debts, and that I apprehend proceedings by one or more of my creditors leading to the forced realization of my property, or part thereof, and that unless my assets are conserved, unneces sary loss will ensue both to my creditors and myself.

5 "And I make this declaration conscientiously believing the same to be true, and knowing that it is of the same force and effect as if made under oath, and by virtue of The Can ada Evidence Act. "Declared at ............... ) in the Province of Alberta, this ..... day of ...... 19. . . ................... . "Before me: ......................... A Commissioner fm' Oaths. A Notary Public. A Justice of the Peace.

"To the director under The Debt Adjustment Act: "I, the above named ............................... , do hereby apply to you, and request you to cause an appli cation to be made for leave to file your certificate concerning me pursuant to the provisions of The Debt Adjustment Act.

"And furth~r I undertake and agree that I will upon the filing of such certificate obey any directions which may be given by you as to the disposition of my said crops and all my other property above described, or any part thereof, as may be given by you pursuant to any of the provisions of the said Act, and to hold the property aforesaid as bailee for you, and I constitute you my attorney to transact any of my business in my name and on my behalf, as you may think fit, and I agree to confirm and ratify your acts in so doing, and to indemnify you in respect thereof.

"'Dated at ................. in the Province of Alberta, this ............... day of ...................... 19 .... . '.'~~~~~~ .i~.t.~e. ~~~~~~~e. ~~.} ......................... . "FORM B. "The Debt Adjustment Act. "The director under The Debt Adjustment Act is at liberty to issue and file his certificate under the said Act in respect of .................... , of ................... , Alberta. "Dated at ................ , in the Province of AM:>erta, this .............. day of .................... 19. .. . " "Judge of the District Court of the District of " • ••• •••••• •••••• • •••••••••••••••••••••• 0·.

"Or "Master in Chambers, Calgary (or Edmonton). "FORM C. "The Debt Adjustment Act. "Whereas upon .an application pursuant to this Act made by me in respect of ............... , of ................ , a resident within the meaning of the said Act, to His Honour .................. Judge of the District Court (or Master in Chambers), leave was granted to me to issue and file this certificate in respect of the said ................... .

6 ,",Now; therefore, I certify that the said ............... . is ,a person entitled to' the benefit of the provisions of this Act. '''Dated at. ................ , in the Province of Alberta, this ............... day of .. ',' ................. ,,19 ... . " " Director. "FORM D. "In the matter of The Debt Adjustment Act. "To all clerks of the court and sheriffs and registrars whom it may concern: .

"This is to certify that the certificate filed by me under the provisions of the above Act, in respect of ............ . of ..................... in your office on the ........... . day of .............. 192 .. , is hereby cancelled. "Dated this ......... day of ................... , 192 .. . " "Director."

No. 65. SECOND SESSION SIXTH LEGISLATURE 18 GEORGE V 1928 BILL

An Act to amend The Debt Adjust ment Act. Received and read the First time .................... . Second time .................. . Third time ................... . HON. MR. LYMBURN. EDMONTON: W. D. McLEAN, ACTING KING'S PIUNTER A.D. 1928 Title: 1928 (6th, 2nd) Bill 65,

An Act to amend The Debt Adjustment Act

Document details

Collection	Alberta — Bills
Citation	L6 S2 9148
Type	bill
Volume / chapter	L6 S2 9148
Language	en
Format	json
Source	PROVINCIAL
Identifier	e0b95140a79c0930d361a1186f74340b5c2c6931

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