Short title Provisions respecting actions CHAPTER 91. An Act for the Protection of Persons Acting in the Execution of Statutory or other Public Duties. HIS Short Title. 1. This Act may be cited as "The Public Authorities Protection Act." [1921, c. 9, s. 1.] 2. Actions Against Public Officers. (1) Notwithstanding anything in any Act or in the Consolidated Rules of the Supreme Court contained, against public where any action, prosecution or other proceeding is com commenced officers for acts done in pursuance of duty menced in the Province of Alberta against any person for any act done in pursuance or execution or intended execution of his duty as a public officer or in respect of any alleged neglect or default in the execution of his duty or authority, the provisions hereinafter in this section mentioned shall have effect. (2) The action, prosecution or proceeding shall not lie or be instituted unless it is commenced within six months next after the act, neglect or default complained of, or in case of a continuance of injury or damage, within six months next after the ceasing thereof. (3) Whenever in any such action judgment is given in favour of the defendant, he shall also be awarded costs taxed as between solicitor and client. (4) Where the proceeding is an action for damages, tender of amends before the action was commenced may in lieu of or in addition to any other plea be pleaded. (5) If the action was commenced after the tender or is proceeded with after payment into Court of any money in satisfaction of the plaintiff's claim and the plaintiff does not recover more than the sum tendered or paid, he shall not recover any costs incurred after the tender or payment and the defendant shall be entitled to costs to be taxed as between solicitor and client as from the time of the tender or payment, but this provision shall not affect costs on any injunction in the action. (6) If in the opinion of the Court the plaintiff has not given the defendant a sufficient opportunity of tendering amends before the commencement of the proceeding, the Court may award to the defendant costs to be taxed as between solicitor and client. (7) This section shall not affect any proceedings by any department of the Government against any authority or officer of any city, town, village or municipal district. [1921, c. 9, s. 2.] HIS CHAPTER 92. An Act for the Relief of Mortgagors and Purchasers. IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: Short Title. Short title Interpretation Applications by mortgagors for extension of time of redemption Application of Act to renewals of mortgages, etc. Saving of rights of holders of bonds or debentures 1. This Act may be cited as "The War Relief Act." Interpretation. 2. In this Act the term "judge" shall mean a judge of the Supreme Court of Alberta. [1918, c. 24, s. 2.] Extension of Period of Redemption. 3.—(1) Every mortgagor and purchaser under an agreement for sale made with respect to land falling within the provisions of this Act may at any time apply to a judge for an order extending the period within which he may exercise any right of redemption of the said land, or any right to make payments in connection with the purchase of the said land in accordance with the terms of his agreement for sale. (2) The judge in hearing and determining such application shall have absolute discretion to grant or refuse the same upon taking into consideration the hardship likely to be imposed upon the applicant by the refusal of the order, the probability of such person being able to redeem the said land, or to make more payments in connection therewith within some reasonable period, and such other surrounding circumstances as may appear to him to be material. [1922, c. 4, s. 16.] Applications of Act. 4. Where any mortgage or agreement with respect to land falling within the provisions of this Act has been renewed or a new mortgage or agreement substituted therefor the provisions of this Act shall apply to such renewal or new mortgage or agreement in the same manner as to the original mortgage or agreement. [1918, c. 24, s. 7.] 5. Nothing in this Act shall apply to or affect any right or remedy now exercisable for the enforcement of any mortgage or other security of a like nature made or entered into for the purpose of securing the bonds or debentures of any corporation, but the holders of any such bonds or debentures, and any trustee for them, or the mortgagee named in any such mortgage as trustee or otherwise shall have and may exercise any such right or remedy whether the same is conferred by the general law or acquired under any such mortgage or other security as fully and effectually as if this Act had not been passed. [1918, c. 24, s. 8.] 6. The provisions of this Act shall apply only to trans- Restriction of actions relating to land where such land is situated within application the limits of a city or incorporated town. [1918, c. 24, s. 9.] Miscellaneous. of Act plaintiff 7. No law in force in this Province limiting the time Protection of for the commencement of actions shall operate so as to against adversely affect the rights of a plaintiff during such time provisions as the defendant is enjoying protection against actions limitation under the provisions of this Act. [1918, c. 24, s. 10.] respecting of actions for repeal of Act 8. This Act or any portion thereof may be repealed at Provision any time by order of the Lieutenant Governor in Council. [1918, c. 24, s. 11.] CHAPTER 93. An Act to Provide for the Garnishment of the HIS IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: Short Title. Short title Interpretation Garnishment by creditor Service of notice on Provincial Treasurer 1. This Act may be cited as "The Civil Service Salary Garnishment Act." Interpretation. 2. In this Act, unless the context otherwise requires,- (b) "Employee" shall mean any officer, clerk or Garnishee Proceedings. 3. Where a debt or money demand not being strictly a claim for damages is due and owing to any party from an employee, either on a judgment or otherwise, and a debt is due and owing to such employee from the Crown, the party to whom the first mentioned debt or money demand is so due and owing (hereinafter designated the creditor) may recover in the manner herein provided any debt due or owing to the employee from the Crown, or sufficient thereof to satisfy the claim of the creditor subject always to the rights of other parties to the debts owing from the Crown. [1908, c. 8, s. 2.] 4. The creditor may serve a notice personally on the Treasurer or on the Deputy Treasurer, or on some officer appointed by the Treasurer to receive the same, specifying the nature of the claim, and showing the name and residence of the employee and the nature of his occupation in the service of the Crown; and the service of such notice upon the Treasurer or Deputy Treasurer shall have the effect, subject to the rights of other parties, of attaching and binding in the hands of the Treasurer all debts then owing from the Crown to the employee, or sufficient thereof to satisfy the claim of the creditor, to the same extent as a garnishing or attaching order or summons issued by or from a court of law. [1908, c. 8, s. 3.] |