Interest in annuity seizure or charge CHAPTER 48 An Act respecting The Government Annuities Act 1908. 1. The property and interest of an annuitant or of any exempt from person interested or entitled in or to any contract for an annuity or an annuity itself under The Government Annuities Act 1908, being an Act of the Parliament of Canada passed at the session held in the seventh and eighth years of his late Majesty's reign, chaptered 5 and The Government Annuities Act 1909, passed in amendment thereof or in or to any moneys payable or paid under or by any reason of such contract or annuity shall be exempt from seizure, levy or attachment by or under the process of any court and shall not be affected by any trust, charge or lien: Proviso Provided however that nothing in this Act contained is intended to conflict or be inconsistent with any enactment or provision of The Government Annuities Act 1908 or The Government Annuities Act 1909 aforesaid. 1909, c. 36, s. 1. CHAPTER 49 An Act respecting the Confirmation of Sales of 1. In this Act unless the context otherwise requires the expression: 1. "Judge" means a judge of the supreme court of Saskat chewan. 1908, c. 38, s. 11. on the martin or local to in Chandar retroactive to Jan 11/13 or tion parties have notice 2. No application for an order for confirmation of a sale of On applicaland for taxes made under the provisions of any Act of interested to Saskatchewan shall be heard by a judge until all persons appearing by the records of the proper land titles office to have any interest in the said land have received notice of such application unless such notice is dispensed with by the judge. 3-)-(12-13) (2) Such notice shall be given by summons of the judge obtained ex parte to be served in such manner as the judge may direct and returnable in one month or such longer time as the judge may direct after service thereof. 1901, c. 12, s. 1. 3. Any person interested in such land may at any time Right to before the time of hearing such application redeem the said redeem land by paying to the purchaser or his assignee the amount of the purchase money paid and any further sums charged against the said land and lawfully paid together with twenty per cent. thereon and such costs as the judge may allow. (2) Upon the return of any summons granted under the provisions of section 1 if it is made to appear to the judge that any person who is entitled and desires to redeem the said land has been unable to do so because of his inability to ascertain the proper amount to be paid to redeem the said land the judge may adjourn the hearing of the said application and may order an account to be taken or may give such other directions as to him shall seem meet. 1901, c. 12, s. 2; 1903, c. 9, s. 1. redemption 4. From the time of payment to the purchaser or his After assignee of the amounts mentioned in the next preceding sec- purchaser's tion all right and interest of the purchaser in the said land interest to shall cease and determine. 1901, c. 12, s. 3. cease 67-8-19/3 Transfer prima facie evidence When transfer conclusive evidence 5. Subject to the foregoing provisions on any application for an order for such confirmation the production of a transfer of the said land executed by the proper officer shall be prima facie evidence that all conditions have existed and all acts been performed and all requirements of the Acts in that behalf been complied with necessary to entitle the applicant to the order of confirmation applied for. (2) If such application be not made until after the expiration of one year from the date of the transfer such transfer shall be conclusive evidence that all conditions have existed and all Acts been performed and all requirements of the Acts in that behalf been complied with necessary to entitle the applicant to the order of confirmation applied for except on one of the following grounds: 1. Fraud or collusion;" 2. That all taxes have been paid; 3. That the land was not liable to assessment. 1901, c. 12, s. 4. 6. Whenever under any Act proceedings are taken by any authority to forfeit land for nonpayment of taxes and an adjudication by a judge has been made with respect to such forfeiture the provincial or municipal officer having charge of the matter shall after the expiration of ten months and before the expiration of eleven months from the date of the adjudication cause to be, published in The Saskatchewan Gazette a notice stating that the land named therein has been forfeited for nonpayment of taxes and stating the time at which the period of redemption provided by law will expire. 1908, c. 38, s. 11 (2). 7. 17-2-(12-13) 8.37-11-1916. CHAPTER 50 An Act respecting Limitation of Actions in Certain Cases. simple 1. All actions for recovery of merchants' accounts, bills, Actions on notes and all actions of debt grounded upon any lending or contracts other contract without specialty shall be commenced within six years after the cause of such action arose. C. O. 1898, c. 31, s. 1. Property Act (Imp.) in 2. The provisions of The Real Property Limitation Act The Real 1874, being chapter 57 of the Statutes of the Imperial Parlia- Limitation ment, passed in the thirty-seventh and thirty-eighth years of force the reign of her Majesty Queen Victoria, are hereby declared to be in force and to have been in force in Saskatchewan since the passing thereof. C. O. 1898, c. 31, s. 2. 3. No right to the access and use of light or any other easement, right in gross or profit a prendre shall be acquired by any person by prescription and no such right shall be deemed to have been so acquired prior to the coming into force of this Act. 1903 (2), c. 7, s. 1. Costs in exceed rates Seizure under Penalty for costs CHAPTER 51 An Act respecting Distress for Rent and Extra 1. No person making any distress for rent nor any person employed in any manner in making such distress or doing any act whatsoever in the course of such distress or for carrying the same into effect shall have, take or receive out of the proceeds of the goods and chattels distrained upon and sold or from the tenant distrained on or from the landlord or from any other person any other or more costs or charges for and in respect of such distress or any matter or thing done therein than such as are fixed in the schedule to this Act and applicable to each proceeding which shall have been taken in the course of such distress and no person or persons shall make any charge whatsoever for any act, matter or thing mentioned in this Act or in the said schedule unless such act, matter or thing shall have been really performed or done. C. ). 1898, c. 34, s. 1. 2. No person making any seizure under the authority of any chattel mortgage, bill of sale or any other extra judicial process whatsoever nor any person employed in any manner in making such seizure or doing any act whatsoever in the course of such seizure or for carrying the same into effect shall have, take or receive out of the proceeds of the goods and chattels seized and sold from the person against whom the seizure may be directed or from any other person whomsoever any other or more costs or charges for and in respect of such seizure or any matter or thing done therein or thereunder than such as are fixed in the schedule hereto and applicable to each act which shall have been done in course of such seizure and no person or persons shall make any charge whatsoever for any act or matter or thing mentioned in the said schedule unless such act, matter or thing shall have been really performed and done. C. O. 1898, c. 34, s. 2. 3. If any person making any distress or seizure referred to in sections 1 and 2 of this Act shall take or receive any other or greater costs or charges than are set down in the said schedule or make any charge whatsoever for any act, matter or thing mentioned in the said schedule and not really performed or done he shall be liable at the suit of the party aggrieved to treble the amount of moneys taken contrary to the provisions of this Act and costs of action. C. O. 1898, c. 34, s. 3. Res +3-8-1915 |