protection of Canada within the boundaries (ii) any person called up under The Military [1916, c. 6, s. 2; 1918, c. 25, s. 3.] Actions Against Soldiers. of proceedings soldier 3.-(1) No person shall bring any action or take any Prohibition proceeding, judicial or extra-judicial, against any soldier against or against his wife or any dependent member of his family for the enforcement of payment of any debt, liability or obligation incurred before the date upon which such person became a soldier within the meaning of this Act, nor for the enforcement of any mortgage, charge, lien, incumbrance or other security created or arising before the passing of this Act, nor for the recovery of possession of any goods and chattels of lands and tenements in the possession of such soldier or in the possession of his wife or any dependent member of his family until the first day of September, one thousand nine hundred and twenty-three, or until two years after the discharge of such soldier, if such period expires before the said date. actions commenced (2) Any such action or proceeding heretofore begun Staying of against any person shall upon such person becoming a already soldier be stayed until the first day of September, one thousand nine hundred and twenty-three or until the expiration of a period of two years after the discharge of such soldier if such period expires before the said date, and any such action or proceeding heretofore begun or pending against any soldier shall be stayed until the first day of September, one thousand nine hundred and twentythree, or until the expiration of a period of two years after the discharge of such soldier, if such period expires before the said date: Provided, however, that where in any such pending action Proviso or proceeding the soldier claims remedy or relief by way of counterclaim, or by way of a third party notice according to the practice of the Court, the action or proceeding may be proceeded with, notwithstanding anything herein contained, upon there being filed in the office of the Clerk of the Court in which such action was begun a consent signed by the soldier for this purpose. (3) In the event of the death of a soldier prior to his or Protection of her discharge or prior to the first day of September, one soldier's estate Proviso Cases where persons other than soldiers involved in action Defences, counterclaims Statutes of limitation Action against trustees thousand nine hundred and twenty-one, the estate of such soldier shall be entitled to the same protection regarding freedom from actions as is provided by this Act and to the same extent as if such soldier were living and discharged, and for a period of two years from the date of the death of such soldier: Provided, however, that the estate of such soldier shall not be distributed to any of the parties entitled thereto prior to the payment of the liabilities of such estate. [1916, c. 6, s. 3; 1918, c. 25, ss. 4, 5, 6.] 4. In case any person against whom any action or proceeding is prohibited or stayed by this Act, is or would be, according to law or practice, a necessary or proper party to any action or proceeding against any other person or persons, such action or proceeding may, notwithstanding anything in this Act, be commenced and carried out as between such other person or persons and the party or parties commencing or carrying on such proceedings, and the Court may reserve to any of the other parties to any action or proceeding any rights or remedies or relief over against the party for whose benefit this Act is passed until the first day of September, one thousand nine hundred and twenty-three, or until the expiration of a period of two years after the discharge of such person, if such period expires before the said date. 5. Nothing in this Act shall prevent any defendant against whom any action or proceeding is brought by a person entitled to the benefit of this Act from setting up any defence thereto, or any set-off or counter claim which he might set up if this Act had not been passed. [1916, c. 6, s. 5.] 6. No statute of limitations of actions or proceedings shall run in favour of any person entitled to the benefit of this Act during the period within which such person is receiving such benefit. [1916, c. 6, s. 6.] 7. If any property of any kind or interest therein is in the name of any person entitled to the benefit of this Act in trust for the benefit of any other person, then any action or proceeding against such first named person, either alone or along with such other person, in respect of such property or interest therein, or for the purpose of realizing a claim of a creditor of such other person out of such property or interest may be brought or continued and carried to its conclusion notwithstanding anything in this Act. [1916, c. 6, s. 7.] General Provisions. collect rents 8. This Act shall not deprive a mortgagee or person Right to having a charge or security on land of the right to collect and receive the rents or rentable value of such land. [1916, c. 6, s. 8.] disposition of 9. Notwithstanding anything in this Act if it is made Fraudulent to appear to the Supreme Court or a judge thereof that any property soldier or any member of his family or his partner or agent is disposing of or dealing with the property of such soldier fraudulently or with the intent to defeat the creditors of such soldier, or that the property of any soldier is being wasted or dissipated, or that the property of any other person has been transferred or assigned to any person for whose benefit this Act is passed with intent to defraud the creditors of such other person, the Court or judge may make such order or permit such action or proceeding to be taken as the said Court or judge may deem requisite for the proper preservation of such property or the protection of the interests of such soldier or of the creditors of such other person, as the case may be. [1916, c. 6, s. 9; 1918, c. 25, s. 1.] 10. This Act may be repealed at any time in whole or Repeal in part by proclamation of the Lieutenant Governor in Council. [1916, c. 6, s. 10.] (f) MENTAL DEFECTIVES HIS CHAPTER 223. An Act respecting Insane Persons. [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 Insanity Act." Interpretation. Short title [1907, c. 7, s. 1.] 2. In this Act, "justice" or "justice of the peace" Interpretation shall include a coroner in and for the Province of Alberta. Committal to Gaol. [1916, c. 3, s. 44(1).] and warrant 3. When an information, which may be in form A Information in the schedule to this Act, is laid before a justice of the peace that any person is or is suspected and believed by the person laying such information to be insane and dangerous to be at large, such justice may issue his warrant in form B in the schedule to this Act to apprehend such person and cause him to be brought before him or some other justice of the peace. [1907, c. 7, s. 2.] 4. (1) Upon the person charged as aforesaid being Evidence brought before him such justice shall proceed to hear such evidence under oath as may be adduced with reference to (a) the alleged insanity of the person so brought (b) the danger to be apprehended from his being (c) his residence for at least six months previous (d) his calling or profession; (e) his means of support; (f) his friends and relatives; |