5 GEORGE V. CHAPTER 1. An Act respecting Contracts relating to Land. [Assented to September 18th, 1914.] HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as fol lows: of "land." 1. In this Act the word "land" means and includes allInterpretation real property, and every estate, right, title and interest in land or real property, both legal and equitable, and of whatsoever nature and kind, and any contingent, executory or future interest therein, and a possibility coupled with an interest in such land or real property, whether the object of the gift or limitation of such interest or possibility be ascertained or not, and also a right of entry, whether immediate or future, and whether vested or contingent, into and upon any land. for sale of for 6 months. 2. Notwithstanding any provision in any mortgage of Proceedings land, or agreement to purchase land or in any other instru- land stayed ment charging land with the payment of money, not including liens under the Mechanics' and Wage Earners' Lien Act, no proceedings for the sale of any land under any power of sale contained in any such instrument or otherwise existing for default in payment of any of such moneys shall be taken by or on behalf of the mortgagee, vendor or other person to whom such money may be payable until after the lapse of six months from the first day of August, 1914, if such default took place on or before that date, or until after the lapse of six months from the happening of such default if the same took place after the said first day of August, 1914, or takes place after the coming into force of this Act, and any such proceedings now pending are hereby stayed until after Pending the lapse of six months from the said first day of August, for 6 months. 1914, or six months from the date of default if such default took place since the said first day of August, 1914. Any sale made or purporting to be made in contravention of this section shall be absolutely null and void. This section shall actions stayed Time for redemption to be 1 year. Actions to enforce cove for 6 not affect the sale of land by private sale where before the first day of August, 1914, the land has been advertised for sale and the sale has been abortive and where the mortgage had been in arrears more than six months. 3. In all actions for the redemption of land or any mortgage or charge thereon and in all actions or proceedings, whether before a court or a district registrar, for foreclosure or sale of land under any instrument referred to in section two hereof, the period to be allowed for redemption, whether by the court or by the Master on a reference or by the district registrar, shall be one year, and in all pending actions for such redemption, foreclosure or sale, in which the time fixed for redemption is after the thirtyfirst day of July, 1914, the same is hereby extended for one year from the date so fixed for redemption, and no final order for foreclosure or sale shall be made in any such action until after the lapse of such extended period. 4. No action shall be brought to enforce a covenant or nants stayed agreement to pay money contained in any such instrument, except as hereinafter provided, until after the lapse of six months from the happening of the default in payment giving rise to such action, and proceedings to enforce payment by writ of execution or registration of certificate of judgment in any such action now pending wherein final judgment has not been entered before the said first day of August, 1914, are hereby stayed for a period of six months from the coming into force of this Act if the judgment recovered includes the principal money secured by such instrument or any portion thereof. Exception in case of arrears of interest, taxes or insurance premiums. (a) Notwithstanding anything contained in this section, actions may be brought upon covenants or agreements for the payment of interest on unpaid principal at the rate specified in any such instrument or of taxes or premiums of insurance on buildings on any such land so soon as the same shall be in arrear, and, upon the recovery of judgment in any such action, a writ or writs of execution against the goods of the defendant may be issued and enforced, but no certificate No certificate of the judgment shall be issued or registered against any until 6 months lands of the defendant, until after the lapse of six months from the date of such judgment. Writs of execution may issue. of judgment have passed. Share crop agreements not affected. (b) Nothing in this section shall be construed so as to interfere with any rights of a vendor or mortgagee to enforce any agreement of a purchaser or mortgagor in any such instrument to hand over a share or shares of the crops on any such land to be applied in reduction or satisfaction of the moneys, whether principal, interest or otherwise, secured by any such instrument. recovery of stayed for 5. Notwithstanding any provision contained in any such Actions for instrument, no action or proceeding in court for the recov- possession ery of possession of the land charged by any such instru- 6 months. ment shall be brought or taken until after the lapse of six months from the happening of default in payment of any of the moneys secured thereby; and, if any such action or proceeding be pending at the time of the coming into force of this Act, the same shall not be proceeded with or continued until after the lapse of six months from the said last mentioned date, nor shall any order or judgment for the recovery of posession of any of such land, made after the thirty-first day of July, 1914, and before the coming into force of this Act, be enforced by any writ or order or other process of any court until after the lapse of six months from the date thereof. apply to etc., made 6. Nothing in this Act shall apply to proceedings or Act not to the rights of the parties under any mortgage, agreement of agreements, sale or other contract made or entered into after the thirty- after July 31, first day of July, 1914. 1914. apply to 7. This Act shall not apply to mortgages, agreements of Act not to sales or other instruments charging land with the payment agreements, of money where the land charged or affected has been aban- abandoned doned. etc., covering land. Act not to apply 8. Nothing in this Act shall apply to mortgages or trust to mortdeeds made to secure issues of debentures, bonds or stocks. gages, etc., covering debentures. etc. 9. This Act shall come into force on the day it is When Act assented to. comes into force. 10. The Lieutenant-Governor-in-Council may, at any How Act may time, by proclamation to be published in the Manitoba be repealed. Gazette, order that this Act be repealed and fix the date on which such repeal shall take effect, and on, from and after such date this Act shall stand repealed and be no longer in force. |