such copy, and a post office receipt for such letter purporting to be signed by the person to be served, are produced as exhibits to the affidavit of service; but, in case any of such persons cannot after due diligence be found, the registrar may direct service of the notice by leaving it on the mortgaged lands or by mailing it in a sealed envelope by registered post directed to such person at his last known address, or in such other manner as the registrar may deem expedient."

5. Section 117 is repealed and the following substituted therefor:

"117. A mortgagor may agree in writing, either in the mortgage or by a subsequent instrument, to become the tenant of the mortgagee, and in case of such agreement heretofore or hereafter made the relationship of landlord and tenant shall be held to have been validly constituted between the parties for all purposes and as against all persons whomsoever, in which case the provisions of section 108 shall not apply:

"Provided that nothing herein contained shall affect the rights of any parties in any action or other proceeding now pending."

6. Section 127 is amended by striking out subsection (3).

7. The following is inserted after section 147:

"147a.-(1) The provisions of subsections (2) and (3) of section 147 shall not apply to a transfer to a railway company of land or an interest therein required for the construction, maintenance or operation of the railway.

"(2) Where the land to be dealt with is shown upon a plan of lands required by the railway company, approved by the Board of Railway Commissioners for Canada and registered, the registrar of land titles for the land registration district in which the land lies shall register the transfer.

"(3) In other cases the instrument shall be registered only when accompanied by an affidavit testifying that the deponent is the right of way or purchasing agent of the company, as the case may be, and that the lands described. in the instrument are required for the construction, maintenance or operation of the railway, and when otherwise in conformity with the provisions of this Act."

8. (1) Subsection (5) of section 156 is amended by substituting the word "direct" for "cause" in the first line.

(2) Subsection (6c) of the said section 156, as enacted by chapter 16 of the statutes of 1924-25, is repealed and the following substituted therefor:

"(6c) Where application is made for title to a lot or parcel of land which at the date of such application has an assessed value not exceeding $1,000, the provisions of subsections (6) and (6a) shall not apply but service may be made upon all parties in the manner provided by subsection (6b) for service upon persons other than the registered owner or first mortgagee."

(3) Subsection (6c) as set forth in the preceding subsection shall apply to all applications for title pending at the date when this Act comes into force, and to all applications made after that date notwithstanding that the sale for taxes may have been held before that date.

9. Section 179 is amended by adding thereto the follow-Section 179 ing subsection:

"(3) Where a company has been struck off the register of joint stock companies and is dissolved, notice may be served upon any person appearing by the register to have been at the time of dissolution president, secretary, treasurer or a director of the company."

amended

amended

10. Form AA is amended by inserting after the words Form AA "The Land Titles Act" the words "and upon the requisition of (here give the name and address of person requiring notice to be sent)."

amended

11. Form W is amended by inserting after the word Form W "sell" at the end of the eleventh line the word "transfer."

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

force

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

When caveat lapses

Coming into force

H1

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.

IS 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.

registrar

4. Such person shall deposit the application, accom- Deposit panied by a fee of $5, with the registrar who shall there- with 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