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Rev. Stat. c. 69, new section 7a

When caveat lapses

Coming into force

HIS

1927

CHAPTER 14

An Act to amend The Homesteads Act.

[Assented to March 1, 1927.]

IS Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows:

1. The Homesteads Act is amended by inserting therein after section 7 the following:

"7a.-(1) Where the wife of the owner is living apart from her husband under circumstances disentitling her to alimony, a judge of the Court of King's Bench may, on the application of her husband, by order to be made in a summary way and on such evidence as to him may seem meet, declare that such wife is no longer authorised to file or maintain a caveat affecting the land of the husband.

"(2) On filing such order in the proper land titles office any caveat filed by the wife against lands of her husband shall lapse; and, while the order remains in force, no such caveat shall be accepted by the registrar for filing.

2. This Act shall come into force on the first day of May, 1927.

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HIS Majesty, by and with the advice and consent of

the Legislative Assembly of Saskatchewan, enacts as follows:

SHORT TITLE.

1. This Act may be cited as The Names of Homes Short title Act, 1927.

INTERPRETATION.

2. In this Act, unless the context otherwise requires, Interpretation the expression:

1. "Home" means a lot, farm, ranch or other land, "Home" except land within a summer resort, upon which is situated

a dwelling house;

2. "Registrar" means the Deputy Minister of Agri-"Registrar” culture.

REGISTRATION.

application

3. Any person owning a home in Saskatchewan and Form of desiring to register a name for the same, may make and sign an application (form A) setting forth the name selected, his name in full, occupation and post office. address, and, in the event of the property being situate in a municipality with streets and numbers, the name of the street and the number of the residence, together with a description of the property of record in the land titles office for the land registration district in which the property is situated.

with

4. Such person shall deposit the application, accom- Deposit panied by a fee of $5, with the registrar who shall there- registrar upon publish a notice of the application (form B) in one issue of The Saskatchewan Gazette.

5. At the expiration of sixty days from the date of Registration such publication, the registrar shall, if satisfied that there is no valid objection to registration and subject to the provisions of subsection (1) of section 7, register in a book

Certificate

Similar name

Cancellations

Devolution of name

to be kept for the purpose, the name applied for, together with a description of the property which it is to designate and the name of the applicant.

6. The registrar shall thereupon issue to the applicant a certificate of registration (form C), and shall forthwith publish a copy of such certificate in one issue of The Saskatchewan Gazette.

7.-(1) The registrar shall not register a name identical with or similar to a name already registered or so nearly resembling the same as to be calculated to deceive.

(2) No person shall knowingly adopt or use a name for his home identical with or similar to a name already registered or so nearly resembling the same as to be calculated to deceive.

8.-(1) If within two years after the coming into force of this Act any person who has designated his home by a name prior to the coming into force of this Act, finds that another person has registered the same name as the name of his home, he may apply to the registrar:

(a) to register such name as the name of the applicant's home, with an addition indicating locality; or

(b) to cancel the previous registration;

and the registrar may, if he is satisfied that the person who obtained such previous registration knew or ought to have known that he was registering a name by which another designated his home, cancel such registration.

(2) After two years from the coming into force of this Act a name of a home then registered shall not be subject to cancellation under this section.

9.—(1) Subject to the provisions of subsection (2) every name registered pursuant to this Act shall attach to the land described in the application, and shall pass with the land to a transferee or lessee or to the executor or administrator of a deceased owner.

(2) In the event of an agreement that the name shall not pass on a sale or lease of the home or of a provision in a will that the name shall not pass with the land, the registrar may, on receipt of a written application from the person entitled to the exclusive use of the name, accompanied by proof to his satisfaction of such agreement or provision, register the name in respect of a new home and cancel it in relation to the property which it originally designated.

(3) The person reserving the right to use the name or the person for whose benefit the name is reserved, may

relinquish the right to use the name, and the registrar may cancel the registration of the name either forthwith or upon the production of such further evidence as he may require to satisfy him of the said person's right to relinquish the use of the said name.

(4) If the land described in an application is composed of more than one registered parcel and any of such parcels are so disposed of that the parcels are owned by different persons, the registered name shall remain attached only. to the parcel of land upon which the home of the person who made the application is situate.

relinquishing

10. Any person owning a home, the name of which Notice is registered under the provisions of this Act, may relin- right to name quish the right to the exclusive use of such name by filing with the registrar a notice (form D) together with an abstract of title to the lands in question.

Act

11. The foregoing provisions shall be deemed to have Purpose of been enacted only for the purpose of conferring a right to the exclusive use of a name for the purpose of designating a home.

12. Any person violating any of the provisions of this Penalty Act shall be guilty of an offence and liable on summary conviction to a penalty not exceeding twenty-five dollars and in default of payment to imprisonment for a period not exceeding thirty days.

13. In the event of a continued violation of the pro- Injunction visions of subsection (2) of section 7, the person entitled to the use of the registered name shall have a right of action to restrain such violation by injunction.

14. The provisions of sections 12 and 13 shall not Nonapplicability apply to any person who has designated his home, prior of ss. 12 and 13 to the date when this Act comes into force, by any name registered under the provisions of this Act.

brand

15. If a person who is the owner of a registered brand Registered registers it as the name or as part of the name of his home, he shall be entitled to use such registered name only so long as he is registered as the owner of such brand, and, in the event of some other person becoming the registered owner of such brand, the registrar may upon ascertaining the fact cancel the registration of such name as the name of the home of the former owner.

prefix

16. No person shall register as the name of his home, Pedigree or as part thereof, a pedigree prefix registered in the National Live Stock Records of Canada, except the person having such prefix registered.

Coming into force

COMING INTO FORCE.

17. This Act shall come into force on the first day of May, 1927.

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meridian, hereby make application to the Deputy Minister of Agriculture for the registration of the name "

as the name of the home erected on the said

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, has deposited with me, under the provisions

of The Names of Homes Act, 1927, an application for the

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If no valid objection to such registration is made to me within sixty days, the above application will be granted and the applicant shall thereafter have the exclusive right to use the registered name as the name of his home. Dated at day of

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Saskatchewan, this

Deputy Minister of Agriculture.

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