of full force and effect and has not been kept on foot for any fraudulent purpose, and unless a similar affidavit is filed in the said office within the thirty days next preceding the expiration of each term of two years following the first mentioned term of two years. assignment 7. An assignment registered under this Act may be dis- Discharge of charged by registering in the office in which the assignment is registered a certificate that the assignment is discharged or to the like effect, signed by the assignee and proved by the affidavit of a subscribing witness. of attestation 8. Where a document has been executed by a corporation No affidavit under the provisions of this Act, no affidavit of attestation or for execution shall be required to accompany such document. corporations of omissions 9. Subject to the rights of third persons accrued by reason Rectification of such omissions or misstatements as are hereinafter de- and errors fined, a judge of the Supreme Court or the judge of the District Court of the judicial district in which an assignment of book debts is or should be registered, on being satisfied that the omission to register an instrument under this Act, within the time prescribed or the omission or misstatement of the name of any person, was accidental or due to inadvertence, or impossibility in fact, may in his discretion extend the time for registration or order the name or the true name to be inserted on such terms and conditions, if any, as to security, notice by advertisement or otherwise, or as to any other matter, as he thinks fit to direct. 10. For services under this Act, each registration clerk Fees shall be entitled to receive the following fees: (a) For filing an assignment, fifty cents; (b) For filing a certificate of discharge, fifty cents; (c) For a general search, fifty cents; (d) For each certificate or abstract of search, twenty- (e) For copies of any document filed under this Act, 11. This Act shall come into force on the day upon which Coming into it is assented to. force of Act ALFORD LIBRARY 1927 CHAPTER 29. An Act to amend The Land Titles Act. (Assented to April 2, 1927.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as "The Land Titles Act Amend- Short title ment Act, 1927." added 2. The Land Titles Act, being chapter 133 of the Revised Section 48a Statutes of Alberta, 1922, is amended by adding as section 48a immediately after section 48, the following: of restrictive "48a.-(1) There may be registered as annexed to any Registration land which is being or has been registered, a condition or covenant covenant that such land, or any specified portion thereof, is not to be built on, or is to be or not to be used in a particular manner, or any other condition or covenant running with or capable of being legally annexed to land. "(2) When any such condition or covenant is presented for registration, the Registrar shall enter a memorandum thereof upon the proper certificate or certificates of title. registration "(3) The first owner, and every transferee, and every other Effect of person deriving title from him or through tax sale proceedings, shall be deemed to be affected with notice of such condition or covenant, and to be bound thereby if it is of such nature as to run with the land; but any such condition or covenant may be modified or discharged by order of the Court, on proof to the satisfaction of the Court that the modi- Modification fication will be beneficial to the persons principally interested in the enforcement of the condition or covenant. "(4) The entry on the register of a condition or covenant as running with or annexed to land shall not make it run with the land, if such covenant or condition on account of its nature, or of the manner in which it is expressed, would not otherwise be annexed to or run with the land. "(5) No such condition or covenant shall be deemed to be an incumbrance within the meaning of this Act or of The Tax Recovery Act," or discharge 3. Section 52a is added to the said Act immediately after Section 52a section 52 as follows: added of copies "52a. In case any instrument is registered in the Land Registration Titles Office of one registration district a judge of the Section 81 amended. Section 83 amended Section 95 amended Section 111a amended Section 112 amended Address of judgment creditor to accompany writ Supreme Court may order that a certified copy of such instrument may be filed in the Land Titles Office of any other registration district, and the filing of such copy together with the order shall have the same effect as the registration of the original instrument." 4. Section 81 of the said Act is amended as to subsection (1) thereof (a) by striking out the word "road" where the same occurs in the second line thereof and by substituting therefor the words "land taken for any public work"; and (b) by striking out the words "so far as the same are taken for any road allowance, diversion or new road," where the same occurs therein. 5. Section 83 of the said Act is amended- (b) by striking out the word "road" where the same 6. Section 95 of the said Act is amended as to subsection (6) thereof, by adding thereto the following: "and any such terms and conditions may provide for the payment of a deposit by the purchaser; and for the completion of the purchase on or before a fixed date; for making time of the essence of the contract; for the forfeiture of the deposit if the purchase is not completed on the day fixed for completion, and for the resale of the land and the payment by the defaulting purchaser of the deficiency, if any, in the purchase price on the resale." 7. Section 111a of the said Act is amended as to subsection (1) thereof (a) by adding at the end of paragraph (c) thereof, the word "or"; and (b) by adding thereto as paragraph (d) the following: "(d) The instrument to be registered is accompanied by an affidavit made by the deponent of his own knowledge that there are no infants who are interested in the estate of the deceased owner." 8. Section 112 of the said Act is amended(a) by adding as subsections (1a) and (1b), immediately after subsection (1) thereof, the following: "(1a) Every person delivering or transmitting any such writ shall deliver or transmit therewith an address within the Province where notice may be served upon the judg ment creditor, which address shall be at some building of which the street and number, and in the case of an office building the number of the room, shall be given, or of which the location is otherwise accurately determined, which shall be known as his registered address, and no writ of execution shall be entered or renewed, unless such address is furnished. "(1b) A judgment creditor may from time to time change Change of such registered address by giving notice in writing to the registered Registrar of a new address." (b) as to subsection (4) thereof, by striking out the words "be required to"; (c) by adding thereto, as subsection (5) thereof, the following: address identity of "(5) The Registrar may at any time and at his uncon- Evidence of trolled discretion, before making any memorandum under registered the provisions of this section, require evidence of the iden- owner tity of the registered owner of the land to be affected thereby, with the execution debtor, and upon the exercise of any such discretion shall not make any such memorandum until he is satisfied of the said identity." 9. Section 114 of the said Act is amended Section 114 amended (a) by adding thereto, as subsection (1a), the following: "(1a) The Registrar shall upon request, deliver or for- Form BB ward by mail to any registered owner, duplicate copies of registered form BB, without charge therefor, and shall send with such owner duplicate copies a copy of this section." 66 (b) as to subsection (2) thereof, by striking out the words "upon the receipt of such affidavit" and inserting in lieu thereof the words "upon the receipt of any such request"; (c) by adding thereto, as subsections (4a) and (4b) thereof, the following: supplied to execution '(4a) If the execution creditor does file the said statement Discharge of and the registered owner has made an affidavit in form BB, then the Registrar shall make such further inquiry or investigation as may seem good to him, and if satisfied that the claim of the execution creditor is unfounded, he shall make a memorandum on the certificate of title without charge that the said execution no longer binds the lands described in the notice, and shall notify the execution creditor thereof. "(46) No action shall lie against the Registrar either personally or nominally under the provisions of this Act, in respect of anything done by him under the provisions of this section." force of Act 10. This Act shall come into force on the day upon which Coming into it is assented to. |