CHAPTER 136. An Act respecting Charges upon Land contained in Certain Instruments. HIS IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: Short Title. 1. This Act may be cited as "The Instalment Purchasers Short title Protection Act." General Provisions. mortgages of in conditional ments 2. After the fourth day of December, one thousand nine Avoidance of hundred and ten, every mortgage, charge or incumbrance land, etc., upon land or upon any estate or interest therein contained contained, etc., in, indorsed upon or annexed to a writing, or instrument sale agreewritten or printed, or partly written and partly printed, or any part thereof, which said writing or instrument is required to be registered in order to preserve the rights of the seller or bailor of goods as against any purchaser or mortgagee of or from the buyer or bailee of such goods in good faith for valuable consideration, or against judgments under The Conditional Sales Act, or contained in, indorsed upon or annexed to a written order, contract or agreement for the purchase or delivery of any chattel or chattels shall be null and void to all intents and purposes whatsoever, notwithstanding anything contained in any Act. [1910(2), c. 5, s. 1.] forbidden 3. No such mortgage, charge or incumbrance, and no Registration caveat founded thereon, or upon any such writing or instrument, shall hereafter be registered or filed under The Land Titles Act, and in the event of any such writing or instrument by inadvertence, accident or otherwise howsoever, being registered or filed in any Land Titles Office contrary to the provisions hereof, such registration or filing shall be ineffective and nugatory to all intents and purposes whatsoever, and may be cancelled by a Effect of judge of the Supreme Court upon the application of any registration person interested, which application may be made by way of originating notice. [1910(2), c. 5, s. 2.] accidental CHAPTER 137. An Act to Facilitate the Borrowing of Money for the Purchase of Seed Grain. 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 Persons entitled to benefit of Act Utilization of advances by borrower Effect of filing undertaking in Land Titles Office 1. This Act may be cited as "The Mortgagees Seed Grain Security Act." [1919, c. 9, s. 1.] Advances by Mortgagee. 2. (1) Any mortgagee of land situate in Alberta who advances seed grain or money for the purchase thereof under this Act to the registered owner of the mortgaged land or at his request to any other person to be used in either case in seeding land situate in the Province in the calendar year during which such advance is made, shall be entitled on compliance with the provisions hereinafter set out to the benefit of this Act (and so from time to time in any subsequent year). (2) Notwithstanding anything hereinbefore contained any borrower under this Act may with the consent of the mortgagee use the grain advanced to him or any part thereof for feed, or any money so advanced or any part thereof for the purchase of feed, for use, in either case, during the year in which such advance is made, in feeding live stock belonging to or in the possession of such borrower, and the lien given upon the crop of the mortgagor shall be valid and binding whether the land has been seeded with seed advanced or seed purchased by money advanced by the mortgagee or otherwise. [1919, c. 9, ss. 2, 11.] Undertaking of Mortgagor. 3.-(1) Any such mortgagee may file in the Land Titles Office for the land registration district in which the mortgaged land is situate, an undertaking in form A of the schedule hereto or to the like effect signed by the registered owner of the land, and thereupon the principal amount in such undertaking mentioned shall be deemed to be secured by the mortgage, along with and as part of the principal of the original mortgage debt, and the mortgage shall for all purposes, including priority of registration, save as hereinafter otherwise provided, be read and interpreted as if the said undertaking were originally included therein by way of a covenant to pay such amount, at such time and with such interest, as may be in the said undertaking set out; and all the rights and remedies, duties and obligations of both mortgagor and mortgagee under the said mortgage, and all the rules of law and equity respecting the same, shall extend and apply to the said mortgage as so read and interpreted: Provided, however, that there shall not be an implied Proviso covenant to pay the amount set out in such undertaking on the part of any previous registered owner. principal (2) There may be added to and as part of the principal Additions to amount payable under such undertaking such reasonable sum as shall have been actually expended by the mortgagee for the inspection of the land or lands mortgaged, or on which the seed grain advanced or purchased is to be sown, and for solicitors' fees and disbursements in connection with the preparing and filing of such undertaking. (3) The provisions of The Dower Act shall not apply Nonto the execution of an undertaking under this Act. [1919, c. 9, ss. 3, 10.] application of Dower Act registration incumbrance 4. Where, upon the presentation for filing of an under- Effect of taking under this Act, there is registered against the mort- of prior gaged land any incumbrance subsequent to the mortgage to which such undertaking is sought to be attached, the said undertaking shall not be filed unless, in addition to the other requirements of this Act, there be attached thereto or indorsed thereon, the consent in writing of the person entitled under such subsequent incumbrance. [1919, c. 9, s. 4.] Registrar of 5.-(1) The Registrar of Land Titles for the registration Direction to district in which the mortgaged land is situate, upon pro- Land Titles duction of an undertaking under this Act, accompanied by a proper affidavit or affidavits of attestation, if and as required by the provisions of The Land Titles Act respecting the attestation of instruments, as to all signatures thereto, and to any consent indorsed thereon or attached thereto, and upon compliance with all the requirements of this Act, shall file the said undertaking, and attach the same to the original of the mortgage in such undertaking referred to. (2) There shall be paid to the Registrar upon the filing Fee on of an undertaking with accompanying consents and affidavits registration the sum of fifty cents. [1919, c. 9, s. 5.] Lien of Mortgagee. effect of 6. (1) A mortgagee who has filed an undertaking under Filing and this Act may at any time within sixty days thereafter notice of lien file with the registration clerk of the registration district within which the land upon which the seed grain so advanced Filing fee Rights of mortgagee under notice of lien as to seizure, etc. Application by mortgagee for payment by purchaser Notice of application has been or is to be sown, is situate, a notice of lien in form B of the schedule hereto, and shall thereupon become entitled to a lien and charge, for the amount of such advance and interest, upon all the crops grown upon the said land in the year during which such advance is made, and such lien shall be a preferential security for the sum therein mentioned with the same priority as a seed grain mortgage filed under The Bills of Sale Act. (2) Notwithstanding anything in the said The Bills of Sale Act contained, no affidavit of bona fides shall be required for the filing of such notice of lien. (3) There shall be paid to the registration clerk upon the filing of a notice under this section, a fee of twenty-five cents. [1919, c. 9, s. 6.] Realization of Security. 7.(1) The mortgagee having filed a notice of lien as aforesaid, shall in case of default on the part of the mortgagor to pay the amount of principal and interest in his undertaking set out at the time or times therein mentioned, be entitled (a) to seize the crop affected by such lien or any part thereof and to sell the same or so much thereof as shall be sufficient to satisfy his claim and costs; (b) to seize the grain obtained from such crop or any part thereof and to sell so much of the grain so seized as shall be sufficient to satisfy his said claim and costs; (c) to serve personally or by post prepaid and registered, a notice in form C of the schedule hereto (or to the like effect) upon any person to whom such crop or grain or any part thereof has been sold by the mortgagor, and the person so served with notice shall retain for a period of twenty days after receipt of such notice any unpaid purchase moneys to which the said mortgagor may be entitled. (2) The mortgagee may within the said period of twenty days apply to the judge of the District Court of the judicial district within which his lien is filed for an order requiring such purchase moneys or sufficient thereof to pay his claim and costs including the costs of the application to be paid to him, and the judge, upon being satisfied by affidavit or otherwise, that such purchase moneys are proceeds of a sale of crop or grain covered by the mortgagee's lien, may grant such order. (3) At least three clear days' notice of the application shall be served on the mortgagor, and upon the purchaser. of purchase (4) At the expiration of the said period of twenty days Payment over the purchaser shall be at liberty to pay the purchase money money to the mortgagor, unless he has during that period, or thereafter and before payment, been served with a copy of an order of the judge obtained as aforesaid within the said period of twenty days, in which case he shall deal with such moneys according to the tenor of such order. [1919, c. 9, s. 7.] Conditional 8. In case of seizure or sale under clauses (a) or (b) of Application of the next preceding section, the provisions of The Conditional Sales Act Sales Act, as to the right of and period for redemption and as to notice of sale, shall mutatis mutandis apply. [1919, c. 9, s. 8.] 9. The provisions of The Extra-judicial Seizures Act Application of shall apply to any seizure made under this Act. Extra-judicial being registered owner of that piece or parcel of land de scribed as follows:.... which said land is subject to a mortgage in favour of. which said mortgage was registered at. o'clock, on the.. day of. A.D. 19.... at the Land Titles Office for the. Land Registration District as No... hereby acknowledge having received on the. day of... A.D. 19...., the sum of ..dollars, being an advance for the purchase of seed grain to be used on the following land, that is to say.. during the year, 19.... (or seed grain consisting of. the value whereof is.. dollars for use in seeding on the following land, that is to say. during the year 19....) from... |