CHAPTER 31. An Act to amend the "Land Registry Act." [Assented to 21st December, 1923.] IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows: 1921, c. 26; 1. This Act may be cited as the "Land Registry Act Amendment Short title. Act, 1923." 2. Section 8 of the "Land Registry Act," being chapter 26 of the Amends s. 8. Statutes of 1921, is amended by adding thereto the following subsection: "(2.) Where an original book or record contains entries affecting lands in the new or enlarged district as well as lands in the old district, the Registrar of the old district may, in lieu of furnishing certified copies or transcripts under this section, cause those portions of the original book or record relating to lands in his district to be copied and certified, and the copies to be retained in his office, and may furnish the original book or record to the Registrar of the new or enlarged district; and all copies so retained by the Registrar of the old district shall for all purposes be of the same force and effect as the originals of which they are copies." 3. (1.) Section 27 of said chapter 26 is amended by adding thereto Amends s. 27. the following subsection: 66 (5.) Where probate is granted to one or some of several persons named as executor, power being reserved to the others or other to prove, the sale, transfer, or disposition of real estate may, notwithstanding anything contained in subsection (2), be made by the proving executor or executors without the authority of the Court, and shall be as effectual as if all the persons named as executors had concurred therein." Retrospective application. Amends s. 37. Repeals ss. 111, 113. Enacts s. 180A. Land sold subject to a charge. (2.) This section shall apply to probates granted before as well as after the commencement of this Act, but only in respect of sales, transfers, and dispositions made after the commencement of this Act. 4. Section 37 of said chapter 26 is amended by striking out clause (b), and substituting therefor the following: "(b.) Any Dominion or Provincial tax, rate, or assessment at the date of the application for registration imposed or made a lien or which may thereafter be imposed or made a lien on the land." 5. Sections 111 and 113 of said chapter 26 are repealed. 6. Said chapter 26 is amended by inserting therein the following as section 180A: "180A. (1.) Where land subject to any charge, whether immediately payable or not, is sold by the Court, or out of Court, the Court may, if it thinks fit, on the application of any party to the sale, direct or allow payment into Court, in case of an annual sum charged on the land or of a capital sum charged on a determinable interest in the land, of such amount as, when invested in securities approved by the Court, the Court considers will be sufficient, by means of the dividends thereof, to keep down or otherwise provide for that charge, and in any other case of capital money charged on the land of the amount sufficient to meet the charge and any interest due thereon; but in either case there shall also be paid into Court such additional amount as the Court considers will be sufficient to meet the contingency of further costs, expenses, and interest, and any other contingency except depreciation of investments, not exceeding one-tenth part of the original amount to be paid in, unless the Court for special reasons thinks fit to require a larger additional amount. "(2.) Thereupon the Court may, if it thinks fit, and either after or without any notice to the owner of the charge, as the Court thinks fit, declare the land to be freed from the charge, and make any order for conveyance, or vesting order, proper for giving effect to the sale, and give directions for the retention and investment of the money in Court. "(3.) After notice served on the persons interested in or entitled to the money or fund in Court, the Court may direct payment or transfer thereof to the persons entitled to receive or give a discharge for the same, and generally may give directions respecting the application or distribution of the capital or income thereof. "(4.) Payment of money into Court shall effectually exonerate therefrom the person making the payment. "(5.) The application shall be made in Chambers, and on notice. "(6.) On an application by a purchaser notice shall be served in the first instance on the vendor. "(7.) On an application by a vendor notice shall be served in the first instance on the purchaser. "(8.) On any application notice shall be served on such persons as the Court thinks fit. "(9.) The Court may make such order as it deems just respecting the costs, charges, or expenses of any of the parties to the application. "(10.) In the construction of this section, unless the context otherwise requires, the word 'Court' shall mean the Supreme Court or any Judge thereof, and shall include any County Court or a Judge thereof in cases where that Court has jurisdiction." 7. Section 252 of said chapter 26 is amended by inserting after Amends s. 252. the word 66 use," in the second line, the words "or where in the opinion of the Registrar convenience of reference will be served." Schedule. 8. The First Schedule to said chapter 26 is amended by striking Amends First out clause (b) of Form F, and substituting therefor the following:"(b.) Any Dominion or Provincial tax, rate, or assessment at the date of the application for registration imposed or made a lien or which may thereafter be imposed or made a lien on the land." VICTORIA, B.C.: Printed by WILLIAM H. CULLIN, Printer to the King's Most Excellent Majesty. H1 CHAPTER 32. An Act to amend the "Land Settlement and [Assented to 21st December, 1923.] IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows: 1917, c. 34; 1918, 1. This Act may be cited as the "Land Settlement and Develop- Short title. ment Act Amendment Act, 1923." 2. (1.) In the case of any agreement heretofore entered into with the Land Settlement Board by any person who served overseas at any time during the Great War as a sailor, soldier, chaplain, surgeon, or nurse, or in any other capacity in the Naval, Military, or Air Forces of His Majesty, for the purchase of any land from the Board under the provisions of the "Land Settlement and Development Act," if, after a revaluation: (a.) Of the land; and (b.) Of the improvements heretofore made on the land by or under the supervision of the Board, at the expense of the Board or by means of money advanced by the Board; and (c.) Of the live stock and farm implements (if any) heretofore sold by the Board to the purchaser of the land upon lien notes, for use in connection with the land, the Board is of opinion that the amount due from the purchaser of the land to the Board upon the agreement, or upon the agreement and lien notes, should be reduced, the Board may, with the sanction of the Lieutenant-Governor in Council, and in substitution for the existing agreement, enter into a new agreement with the purchaser of the land upon such terms as may be agreed on for the sale to him of the land at a reduced purchase price based on the revaluation, and may credit on the lien notes (if any), in reduction of the amount Power to modify agreements with and make credits revaluation of existing purchase returned soldiers. on lien notes, after property. |