Bill 70 (Legislature 10, Session 3)

L10 S3 7503

Alberta — Bills

Bill NO'. 70 of 1946. A BILL TO AMEND THE DOWER ACT NOTE.

Section O'f The Dowe'r Act now provides that where a husband and wife are living apart or where the wife has not since her marriage lived in the Province, or where her whereabouts are unknown or where she is a mentally incom petent person or person of unsO'und mind, a judge of the Supreme CO'urt may by order dispense with the consent of the wife to' a dispO'sition of the homestead, that is, the home quarter

section or the residence in a city, tO'wn or village if in the opinion of the fudge it seems fair and reasO'nable to do so upon such terms and cO'nditions as to payment into Court or otherwise as the judge thinks proper. In a recent case in the Appellate Division of the Supreme Court, the Court in effect held that in all such cases the judge making the order must impose conditions of the nature above stated. It is cO'nsidered that a judge has authO'rity in a proper case to make an unconditional O'rder dispensing with the consent of the wife and the purpose of the amendment is to give judges such a discretion. W.

S. GRAY, Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.) BILL No. 70 of 1946.

An Act to amend The Dower Act. (Assented to ,1946.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Dower Act, being ehapter of the Revised Statutes of Alberta, 1942, is hereby amended as to

section 8,- (

a) by striking out the words "upon such terms and condi tions as to. payment into cnurt or otherwise as the judge in the 'cireumstanees thinks proper", where the same oc'cur in subsection (1) thereof, and by substituting therefor the words "and the judge may make the nrder without imposing any conditions or upon such terms and cnnditions as to payment into court or otherwise as the judge in the cir eumstan~es thinks proper"; (

b) by adding immediately after subsection (1) thereof the following new subsection: "(1a) Upon the making of 'Such order and subject to the terms and conditions, if any, thereby imposed, the interest of the wife in the homestead deseribed in the order shall thereby be extinguished." 2. This Act shall come into force on the day upon which it is assented to. No. 70 THIRD SESSION TENTH LEGISLATURE GEORGE VI BILL

An Act to amend The Dower Act. Received and read the First time ........ . Second time Third time ....................................... . HON. MR. MAYNARD. EDMONTON: A. Shnitka, King's Printer Title: 1946 (10th, 3rd) Bill 70,

An Act to amend The Dower Act

Document details

Collection	Alberta — Bills
Citation	L10 S3 7503
Type	bill
Volume / chapter	L10 S3 7503
Language	en
Format	json
Source	PROVINCIAL
Identifier	f1e9601339b0710ca559534d7af477203a9bec81

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