1917 CHAPTER 8. An Act respecting Advances for the Purchase of Seed Grain and the Securities for the Repayment Thereof. (Assented to April 5, 1917.) · WHEREAS there are certain localities in the Province of Alberta in which it is advisable to render assistance to persons engaged in agricultural pursuits to enable them to procure seed grain for use in the season of the year 1917; And whereas it is expedient to provide means whereby such persons may obtain the seed grain and for securing the repayment of the same; Therefore 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 Seed Grain Act, 1917.” GUARANTEE OF ADVANCES. 2. The Provincial Treasurer is hereby authorized, on such terms and conditions not inconsistent with the provisions of this Act as may be agreed upon with any chartered bank or other person advancing seed grain or money for the purchase of seed grain under the provisions of this Act, to guarantee the payment of the value of the seed grain or of the principal and interest of any moneys advanced to the extent of $75,000. (2) The Provincial Treasurer shall by reason of the guarantee of the province be entitled to take all or any of the securities hereinafter provided, and shall also be entitled to maintain and carry on all actions, suits and proceedings necessary for the due collection of any advance of money or seed grain under this Act. 3. The Provincial Treasurer or the Minister of Agriculture or any person authorized in writing by either of them may authorize any person to advance seed grain or any chartered bank in the province to advance for the purchase thereof money to owners or occupants of patented lands, or to the wives or other representatives of persons, being the owners or occupants of patented lands, who are on active military or naval service in the forces of His Majesty or his Allies in the present war, and the authority may be as set forth in schedule B hereto. 4. The Provincial Treasurer or any chartered bank or other person having advanced seed grain or money for the purchase of seed grain under this Act may take security for such advance by all or any of the following methods, that is to say: 1. By promissory note or notes; 2. By a mortgage affecting lands; 3. By chattel mortgage. APPLICATIONS FOR SEED GRAIN. 5. All applications for seed grain or advances to purchase seed grain shall be made to the Minister of Agriculture in accordance with the form set forth in schedule A hereto. SECURITY BY PROMISSORY NOTE. 6. In the case of each advance of seed grain or money under this Act a promissory note may be taken in favour of the Provincial Treasurer or chartered bank or other person from the person or persons to whom any such advance is made, for the value of such advance; and each such promissory note shall be payable on the 1st day of January, A.D. 1918, together with interest thereon at a rate to be agreed upon between the parties; and each such promissory note made and delivered in pursuance of this Act shall be made payable to the lender or to his, their or its order, and the holder or holders thereof may institute and carry on all and any actions, suits or proceedings which he, they or it may deem desirable or necessary for the due recovery of the moneys secured by any such promissory note or any part thereof. The form of the note may be as set forth in schedule C hereto. SECURITY BY MORTGAGE ON REAL ESTATE. 7. The Provincial Treasurer, chartered bank or other person may, for the better securing of the said advance, accept in addition to any promissory note under this Act a mortgage or encumbrance under The Land Titles Act on real estate, and it shall be the duty of the registrar of land titles of the registration district in which the lands covered by such mortgage or encumbrance are situate to enter and record, without fee, a memorandum of the mortgage or encumbrance upon the certificate of title in the register, and upon the duplicate certificate. (2) Every such mortgage or encumbrance shall have the same effect and confer the same rights upon the mortgagee as if the same were duly registered in the ordinary manner and under the provisions of any Statute or Statutes of the Province of Alberta respecting the registration of mortgages on real estate. (3) Every such mortgage or encumbrance may be discharged, without fee, in the manner provided by any such Statute. SECURITY BY CHATTEL MORTGAGE. 8. The Provincial Treasurer, chartered bank or other person may, for the better securing of any advance under this Act, accept in addition to any promissory note under this Act a chattel mortgage as security for the said advance, and it shall be the duty of the registration clerk for the registration of chattel mortgages in the district in which the property covered by such mortgage is at the time of the execution of the instrument, to enter and record the same, without fee, in the books for registration of chattel mortgages. (2) Every such mortgage shall have the same effect and confer the same rights upon the mortgagee as if the same were duly registered in the ordinary manner under the provisions of any Statute or Statutes of the Province of Alberta respecting the registration of chattel mortgages. (3) There shall be no time limit for the filing of such chattel mortgages, neither shall it be necessary to renew the same under the provisions of any Statute of the province, and such chattel mortgage may be discharged, without fee, in the manner provided for the discharge of any chattel mortgage under any such Statute. SEED GRAIN LIEN ON LAND. 9. The Provincial Treasurer, chartered bank or other person may, as additional security file or register in the land titles office for the land registration district in which the lands therein referred to are situate, a statutory lien, signed by the applicant, for an advance, setting forth the information as shown in schedule D hereto. (2) It shall be the duty of the registrar of every land titles office in which the lands or a portion thereof shown in the statutory lien are situate to enter and record, without fee, as a lien or charge against the lands respectively shown therein, the amount advanced for the purchase of seed grain. (3) Every such statutory lien so filed and entered as aforesaid shall to the amount named therein with interest thereon operate as a lien or charge in favour of the province against the land or lands therein described. (4) Upon payment of the amount mentioned in such statutory lien and the interest thereon, under the provisions of this Act, a certificate, in writing, by the Provincial Treasurer, the Minister of Agriculture or the manager for the time being of the chartered bank or other person advancing the money, certifying that such amount has been paid, shall operate as a discharge of said lien or charge and shall, upon production thereof, be filed or registered, without fee, by the registrar of land titles, and an entry made that such lien has been discharged. SEED GRAIN LIEN ON CROP. 10. It is hereby declared that there shall be a lien or charge upon all grain grown upon the land for which any seed grain or money has been advanced under this Act. (2) If any grain grown upon the land for which seed grain has been advanced is sold, the proceeds of such sale or such portion thereof as will cover the indebtedness under this Act, shall be forthwith recoverable by action at law. (3) The Provincial Treasurer may demand from any person or corporation, having in their possession all grain cheques or other documents in respect of any grain grown on said lands, and such person or corporation shall deliver up to him or to some person whom he may appoint all such grain cheques and other documents, and the moneys recoverable thereunder may be applied towards the payment of any advance under this Act. ACTIONS, SUITS AND PROCEEDINGS. 11. The Provincial Treasurer, chartered bank or other person may at any time should he see. fit so to do and without any preliminary proceedings declare any security other than a promissory note given under this Act immediately due and payable, notwithstanding the tenor thereof and in addition to any other proceedings that may be instituted for the collection of the amount due thereon, may authorize any person on his behalf to enter upon the said land and use and sell the grain thereon in satisfaction of the said security and any interest thereon. 12. The Provincial Treasurer, chartered bank or other person may maintain and carry on all suits, actions and proceedings necessary for the due collection of any advance given in pursuance of the provisions of this Act. 13. In the event of any proceedings being instituted for the collection by action, suit, proceedings, process or seizure of the amount advanced, pursuant to the provisions of this Act, or any part thereof, it is hereby declared that The Exemptions Ordinance shall not apply thereto. CAUSE OF ACTION. 14. The cause of action upon any promissory note or other security given to secure any advance under this Act for the purchase of seed grain shall continue to exist so long as the said note or the moneys secured or any part thereof remains unpaid; and the provisions of any Statute limiting the time for the commencement of actions or suits shall not apply to actions or suits instituted to recover the amount of the principal and interest thereon due to the province or any chartered bank or other person upon any such promissory note or other security given under the provisions of this Act. ADVANCES TO OCCUPANTS. 15. No advance of seed grain or money to purchase seed grain under this Act shall be made to an occupant of any land except by and with the consent of the owner, in which case both the owner and occupant shall sign the statutory lien and make and deliver a joint note in favour of the Provincial Treasurer or chartered bank or other person, as the case may be, for the amount of such advance, and the land of the owner shall moreover be liable therefor and be subject to the lien constituted by this Act, upon such statutory lien being filed against the land in the land registration district in which the lands are situate. PENALTIES. 16. Any person who has received or receives an advance of money to purchase seed grain under the provisions of this Act and who disposes of such advance or the seed grain, or any part thereof, or makes use of any other portion of the same, for any other purpose than actually sowing on the land in respect of which the same is obtained shall be liable on summary conviction to a fine of not less than $50.00 nor more than $250.00 and costs, and in default of payment forthwith after conviction to imprisonment not exceeding six calendar months nor less than one calendar month. COMMENCEMENT OF ACT. 17. This Act shall be deemed to have had operation on, from and after the first day of February, A.D. 1917, and every advance for the purchase of seed grain during the |