CHAPTER 99. An Act to amend chapter 103 of 5 and 6 Edward VII, respecting Canadian Guaranty Trust Company. [Assented to March 10th, 1915.] WHEREAS the Brandon Trust Company, Limited, was Preamble. incorporated by an Act passed in 5 and 6 Edward VII, chaptered 103, and under section 1, chapter 78, 1 George v, the name of the said company was changed to Canadian Guaranty Trust Company; and whereas the company has by its petition prayed for certain amendments to its said Act of incorporation, and it is deemed expedient to grant the prayer of the said petition, Therefore His Majesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:— (a) of sec chapter 103 Edward VII 1. Paragraph (a) of section 7 of the said Act is hereby Paragraph amended by inserting after the word "corporations" and tion 7 of before the word "also" in the twentieth line the words "and or 5 and 6 shall not be required to give any security," and by adding to amended. the end of said sub-section (a) the following, "the company shall have power to advance moneys to protect any estate, trust or property entrusted to them, and to charge interest upon any such advances." amended. 2. Section 9 of the said Act is hereby amended by Section 9 striking out all the words in the third, fourth and fifth lines from and including the words "de bonis non" to and including the word "lunatic," and by inserting in place thereof the words "de bonis non, or with the will annexed, liquidator, trustee, receiver, curator, assignee, official guardian, official administrator, assignee, or trustee for creditors, or guardian ad litem, guardian of any minor or committee of any lunatic"; and by inserting after the word "court" and before the word "to" in the tenth line the words "or a judge thereof"; and by inserting after the word "assignee" and before the word "guardian" in the fourteenth line the words "liquidator, curator"; and by inserting after the word "court" and before the word "the" in the nineteenth line the words "or judge"; and by striking out the following words where they occur in the twentieth and twenty-first lines, "but such court if it deems necessary," and inserting in place thereof "but such court, or judge, if it, or he, deems necessary"; and by inserting after the word "court" and before the word "may" in the twenty-sixth line the words "or judge." Section 10 amended. Section 5 of chapter 3. Section 10 of the said Act is hereby amended by inserting after the word "Manitoba" and before the word "as" in the third line the words "or any other court." 4. Section 5 of chapter 70, 7 and 8 Edward VII, is hereby 70 of 7 and 8 repealed. Edward VII repealed. Company empowered to act as safe deposit company, etc. 5. The said company is also authorized to act as a safe deposit company, and to receive and store for safe keeping all kinds of securities and personal property, and to lease spaces and compartments for the storage of securities or personal property, and to enter into all legal contracts for regulating the terms and conditions upon which the said business is to be carried on, and for such purposes to acquire by purchase, lease or otherwise such real and personal estate and property as may by said company be considered necessary. 6. This Act shall come into force on the day it is assented to. CHAPTER 100. An Act respecting the Estate of Simon Diner, deceased. [Assented to April 1st, 1915.] WHEREAS Simon Diner, late of the City of Winnipeg, Preamble. in the Province of Manitoba, deceased, departed this life on or about the fifteenth day of October, A.D. 1905, intestate, at the said City of Winnipeg, leaving him surviving his wife, Rachel Diner, and ten children, Isaac Abraham Diner, Sara Diner, Cecelia Diner (now Cecelia Cohen). Charles Diner, Samuel Diner, Gertrude Diner, Goldie Diner, Nathan Diner, Joseph Diner and Beatrice Diner, as his next of kin and the only persons entitled to share in the estate of the said deceased, of which children the said Gertrude Diner, Goldie Diner, Nathan Diner and Joseph Diner are still under the age of twenty-one years, and the said Beatrice Diner died on or about the first day of April, 1906, being about one year of age; and whereas administration of the estate of the said Simon Diner, deceased, intestate, was, on or about the seventh day of February, A.D. 1906, granted by the Surrogate Court for the Eastern Judicial District of the Province of Manitoba to the said Rachel Diner, widow of the said deceased, of which estate the said Rachel Diner has ever since been and still is the duly and legally appointed administratrix; and whereas the estate of the said Simon Diner, deceased, comprised (inter alia) certain valuable central real estate in the said City of Winnipeg, which was burdensome by reason of the heavy taxes payable thereon and of the dilapidated and unproductive buildings erected thereon; and the said administratrix considered that it would be in the interests and for the benefit of the estate and the next of kin to erect new and productive buildings on certain of the said real estate, being, in the City of Winnipeg, in the Province of Manitoba, being in accordance with the special survey of said city, and being composed of lots twenty-one and twenty-two, east of Main street, which lots are shown on a plan of survey of part of lot eleven of the Parish of Saint John, registered in the Winnipeg Land Titles Office, Winnipeg division, as No. 11; and in pursuance thereof the said administratrix entered into a contract for the erection of such new buildings, the contract price being the sum of twenty-seven thousand dollars, and the erection of the said new buildings was proceeded with in connection wherewith an additional loan of twenty-four thousand dollars or thereabouts, by way of mortgage upon such property, was in or about the month of May, 1914, applied for by and granted to the said administratrix by the Great West Life Assurance Company; and the erection of the said buildings was completed and the said mortgage was executed, but registration of the said mortgage was refused by the District Registrar of the Winnipeg Land Titles Office upon the ground that the said administratrix had no legal power or right to mortgage any of the property of the said estate for the borrowing of money for the purpose of erecting new buildings thereon; and whereas the cost of the said buildings amounted to the sum of twenty-seven thousand seven hundred dollars, or thereabouts, and being unable to give a mortgage upon the property of the said estate, and there being no available cash funds in the said estate, the said administratrix in order to provide funds for the paying therefor executed, in favor of the Great West Life Assurance Company, a mortgage over certain of her own personal and private property, being, in the City of Winnipeg, in the Province of Manitoba, being in accordance with the special survey of said city, and being composed of the most northerly nineteen and one-tenths feet of lot K, as shown on a plan of survey of part of lot thirtyfive of the Parish of Saint John, registered in the Winnipeg Land Titles Office, Winnipeg division, as No. 475, to secure the repayment of the sum of twenty-six thousand dollars, with interest at the rate of eight per cent. per annum, which mortgage was registered on the twenty-third day of June, AD. 1914, as No. 330105, in the Winnipeg Land Titles Office, and which said sum of twenty-six thousand dollars was loaned by the Great West Life Assurance Company to the said Rachel Diner, in her private capacity on the said security of her own property, and was used by the said Rachel Diner for the purpose of paying for the erection upon the said property of the estate of the said buildings, it being agreed between the Great West Life Assurance Company and the said Rachel Diner that the said company would accept a mortgage over the property of the said estate in lieu of the said property of the said Rachel Diner, whenever she should be in a position to legally give such a mortgage as such administratrix; and whereas the said mortgage registered as No. 330105 remains wholly unpaid, and the said Rachel Diner has petitioned for power to execute and give as such administratrix as aforesaid a mortgage over the real estate of the said estate, or any part thereof, for the purpose of borrowing money for or towards the payment or discharge of the said mortgage registered No. 330105, upon the property of the said Rachel Diner; and whereas it is expedient to grant the prayer of the said administratrix, Therefore His Majesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Diner, ad empowered up to $26,000. 1. That the said Rachel Diner, as administratrix of the Rachel estate of the said Simon Diner, is hereby enabled and em- ministratrix, powered to borrow the said sum of twenty-six thousand to borrow dollars, or any less sum, by way of mortgage upon all those pieces of land lying and being in the City of Winnipeg, in the Province of Manitoba, and being in accordance with the special survey of said city, and being composed of lots twenty-one and twenty-two, east of Main street, which lots are shown on a plan of survey of part of lot eleven of the Parish of Saint John, registered in the Winnipeg Land Titles Office, Winnipeg division, as No. 11, or any part thereof, or any other lands belonging to or forming part of the estate of the said Simon Diner, at a rate of interest not Rate of into exceed eight per cent. per annum, upon such terms and exceeding conditions as to the said administratrix may seem fit, for the purpose of paying off or discharging, either wholly or partially the said mortgage registered No. 330105. terest not 8 per cent. to do all carry out 2. That the said Rachel Diner, as administratrix of the Empowered estate of the said Simon Diner, is hereby enabled and things to empowered to execute, deliver or give any mortgage, security, borrowing. documents or papers, and to do all acts, matters, and things which may be necessary or required for the purpose of said borrowing, or for the proper carrying out of any of the purposes or powers above mentioned. ferred and done to be all parties. 3. That the powers hereby conferred and all matters and powers conthings done and executed in pursuance thereof shall be abso- all things lutely binding upon the said Rachel Diner and the children binding on of the said Simon Diner, deceased, and upon the legal children of any such child; and upon any other person or persons now living or hereafter to be born, who may now or hereafter claim any estate, rights or interest whatsoever in the property or in the estate, or any part thereof, of the said Simon Diner, deceased. 4. This Act shall come into force on the date that it is assented to. |