Bill 41 (Legislature 5, Session 6)

L5 S6 9347

Alberta — Bills

BILL No. 41 of 1926.

An Act respecting Rate Enforcement in the Lethbridge Northern Irrigation District. (Assented to ,1926.)

WHEREAS it is expedient that, in the event of irrigation rates on certain lands in the Lethbridge Northern Irrigation District not being paid, such lands should be made available at as early a date as possible for colonization purposes, but it is also expedient that a further time for redemption should be given to the owners of such lands, and that if any such lands are sold by reason of non-pay ment of rates, the persons interested therein should share in any surplus proceeds of sale;

Now therefore, 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 Lethbridge Northern nates Bnfor"cemcnt Act." 2.

The treasurer of the Lethbridge Northern Irrigation District shall forthwith examhle the actual rates enforce ment return brought up for confirmation in 1924 and shall delete therefrom the lands with respect to which the 1924 rates have been paid, and shall add to the amount of arrears set out opposite each parcel included therein, a proportionate part of the actual.cost of postage and other work in connec tion with the irrigation rates enforcement return, together with the costs of the application for confirmation herein before referred to. 3.

The treasurer shall then transmit the return to the Irrigation Council, who shall sign the same and the effect of such signature shall be to vest in the Board of Trustees of the said district the lands comprised in the said return for an estate in fee simple therein freed from all other estates and from all liens, mortgages and encumbrances of every nature and kind whatsoever, other than the charge imposed by any debentures issued under the provisions of The bTig(l.tion Dist1'iets .riet, or first mortgages within the meaning of that Act, and other than taxes and rates charged upon the said land.

2 4.

A copy of the said, retul'n ' signed by the Irrigation Council shall be forwarded to the Registrar of Land Titles of the Land Registration Distri~t in which the lands named in the said return and in respect of which any 1924 rates l'emain unpaid are situated and it shall be the duty of the Registrar to register the same against all such' lands and to issue a certificate of title therefor under the provi sions of The Land Titles Act in the name of the Board for an estate in fee simple therein and free from all other estates and from all liens, mortgages and encumbrances of every nature and. kind whatsoever other than the ch~rge imposed by any debentures issued under the provisions of The Irri gation Districts Act, or first mortgages within the meaning of that Act, and other than taxes and rates charged upon the said lands. 5.

Any parcel of land· which becomes the property of the Board as hereinbefore provided shall be offered for sale at public auction upon the second day of April, 1926, and shall at such auction be knocked down to the highest bidder, who shall upon payment of the purchase price therefor, be en titled to a transfer of the land sold to him for an estate in fee simple therein, free from all other estates and from all liens, mortgages and encumbrances of every nature and kind whatsoever, other' than the charge imposed by any deben tures issued under the provisions of The Irrigation Districts Act or first mortgages within the meaning of that Act, and other than taxes and rates for the current year. 6.

The treasurer of the district shall before the fifteenth day of March, 1926, send a notice of the time arid place of such sale in such form as may be approveq of by the Min ister of Railways and' Telephones, to each person who appears by the records of the Land Registration District within which the lands lie, to have any interest therein, and whose post office address is shown by the said records or return, and the entry against such lands in the said return of the date of the mailing of such notice, together with the signature or initials of the treasurer, shall, without proof of appointment Or signature or initials of the treasurer, be prima facie evidence that the required notice was" duly mailed on the date so entered. . 7.

The Board shall fix a minimum price for each parcel of land by way' of a reserve bid. . 8. The Minister may prescrib~ the conditions. of sale of the lands offered for sale at the said auct:ion.

3 9.

All lands which are not sold at such sale shall be trans fen'ed by the Board of Trustees to the manager as trustee for His Majesty, excepting always all lands which are re quired in connection with the operation of the district. and lands subject to first mortgages within the meaning of The Irrigation Districts Act. 10. \Vhen any land has been sold under the provisions of this Act and there is a balance remaining after payment of all rates, costs, charges and expenses up to and including the date of such sale, the Board shall first pay thereout all taxes owing to the Province, any municipality or any school district, or pay such taxes pro rata in so far as such balance extends, and shall then pay over any surplus of such balance to the person or persons declared to be entitled thereto by an order of a District Coui't judge of the judicial district in which the district is wholly or partly situated, but in making such order, the judge shall have regard to the priorities to which such persons are 01; were respectively entitled either at law or in equity with regard to such land or balance. 11.

Any person interested in any parcel of land shown on the said return may pay the amounts of money set opposite the description of such parcel upon the said return, and the costs of reviving his certificate of title in accordance with the pl'oyisions of this section, at any time prior to the second day of April, 1926, and upon payment of such amounts the treasurer shall notify the Registrar of the proper Land Titles Office to cancel the certificate of title issued in the name of the Board and to revive the certificate of title which was operative prior to the issue of the certificate of title to the Board of Trustees, and the land shall be subject to the same mortgages, charges and encumbrances to which it was subject prior to the signing of the said return by the Irrigation Council. 12.

This Act shall come into force on the day upon which it is assented to.

No. 41. SIXTH SESSION FIFTH LEGISLATURE 16 GEORGE V 1926 BILL

An Act respecting Rate Enforcement in the Lethbridge Northern Irrigation District. Received and read the First time .................... . Second time .................. . Third time ....... '" ......... . HON. MR. SMITH. _MONTON: .... I). McLEAN. ACTING KING'S PmNTER .D.1926. Title: 1926 (5th, 6th) Bill 41,

An Act respecting Rate Enforcement in the Lethbridge Northern Irrigation District

Document details

Collection	Alberta — Bills
Citation	L5 S6 9347
Type	bill
Volume / chapter	L5 S6 9347
Language	en
Format	json
Source	PROVINCIAL
Identifier	fd6e786e6467c88c3997d035aa19a371f4522725

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