On arrival of the said machinery at the point above named the purchaser agrees to receive the same subject to the terms and warranties herein, pay the freight and charges thereon, and pay the vendor for the same payable as follows: Cash $ settlement lien notes bearing interest at annum from the dollars, and give in per cent. per day of A.D. The vendor does not give any warranties with this machinery other than the following: (Here insert the warranties, if any, given with said machinery, as well as the name and address of the last previous purchaser.) The purchaser hereby agrees that he will receive the machinery for which this order is given at and that he will settle for the same in accordance with the foregoing terms. In testimony whereof the purchaser has hereunto set his hand and seal the day and year first above mentioned. Accepted at of this 191 day "Homestead'' defined: Wife to sign instruments affecting homesteads Declaration and certificate Contents of certificate 1915 CHAPTER 29 An Act respecting Homesteads. [Assented to June 24, 1915.] IS Majesty by and with the advice and consent of the 1. The word "homestead" in this Act shall mean a homestead under the provisions of paragraphs 9 and 10 of section 2 of The Exemptions Act: Provided that a homestead under said paragraph 10 shall not be restricted in value to $1,500. 2. No transfer, agreement of sale, lease or other instrument intended to transfer or convey any interest in a homestead shall be effectual for such purpose, and no mortgage or incumbrance intended to charge any homestead with the payment of a sum of money shall be valid unless the same is signed by the owner and his wife, if he has a wife, and she appears before a district court judge, registrar, local registrar of the supreme court or their respective deputies, or such other officer as may be appointed for that purpose by the Lieutenant Governor in Council, and, upon being examined separate and apart from her husband, acknowledges that she understands her rights in the homestead and signs the said instrument of her own free will and consent and without any compulsion on the part of her husband. 3. Every such transfer, agreement, lease, mortgage, incumbrance or other instrument shall contain a declaration by the wife in form A in the schedule to this Act, that she has executed the same for the purpose of relinquishing her rights to the homestead. 4. There shall be annexed to or indorsed on the transfer, agreement, lease, mortgage, incumbrance or other instrument, a certificate to be signed by the officer taking the same, to the effect that he has examined the wife separate and apart from her husband, that she understands her rights in the homestead and that she signs such instrument of her own free will and consent and without any compulsion on the part of her husband. Such certificate shall be in form B in the schedule to this Act. otherwise 5. The registrar, before registering any transfer of land Transfer which is not executed in the manner prescribed in the last executed preceding section, shall require the party producing the same for registration to furnish him with the affidavit of the transferor in form C in the schedule to this Act that the land described in such transfer is not the homestead of the transferor or, if it is his homestead, that he has no wife: Provided that if the said transfer is executed under a power of attorney, the party so executing the same may, if he is acquainted with the facts, make the said affidavit in lieu of the transferor. caveat 6. The wife of the owner of a homestead may file a caveat Wife may file to protect her rights in the same. Such caveat may be in form D in the schedule to this Act, and shall be filed free of charge. transferee 7. Knowledge on the part of the transferee, mortgagee, Fraud by incumbrancee or lessee that the land described in such instrument is the homestead of the party making the same and that he has a wife who is not a party thereto, shall be fraud, and in an action by the wife any such instrument or the certificate of title issued thereon to any person affected by such fraud may be set aside and cancelled. 8. On the death of the owner of a homestead the same shall Widow's rights preserved vest in his personal representative, subject to the provisions of section 5 of The Exemptions Act, and during the time said homestead is exempt from seizure under execution, as provided by said section 5, and notwithstanding any provision in the last will and testament of said owner, no transfer, agreement, lease, mortgage, incumbrance or other instrument signed by such personal representative shall be effectual to pass any estate or interest in the same or render it liable for the payment of any sum of money unless the same is signed by the widow and is accompanied by a declaration and certifi cate to the same effect as that provided for in section 3. do hereby declare that I have for the purpose of relin quishing all my rights to said homestead in favour of the owner in the within (or separate and apart from annexed) her said husband, and she acknowledges to me that she signed the same of her own free will and consent and without any compulsion on the part of her husband and for the purpose of relinquishing her rights in the homestead in favour of and further that she was aware of what her rights in said homestead were. in the Province of Saskatchewan, (description) make oath and say as follows: 1. I am the transferor (or the agent acting under power of attorney in my favour dated granted by the transferor) named in the within transfer, and I say that no part of the said land is my homestead (or, the homestead of the transferor). Or 1. I am the transferor (or the agent acting under power of attorney in my favour dated granted by A. B., the transferor) named in the within transfer, and I say that I have (or, the said A. B. has) no wife. Registrar, Commissioner (or as the case may be). FORM D. (Section 6) CAVEAT. To the Registrar Take notice that I, A. B. of District. in the Province of Saskatchewan, wife of C. D. of the same place (description), claiming a right to (here describe the land and refer to the certificate of title) on the ground that such land is the homestead of the said C. D., forbid the registration of any transfer or other instrument affecting such land or the granting of a certificate of title thereto except subject to the claim herein set forth. My address is: Dated this day of 19 . Signature of caveator or her agent. I, the above A. B. (or M. N. agent for the above A. B.) of (residence and description) make oath and say: 1. That the allegations in the above caveat are true in substance and in fact, to the best of my knowledge, information and belief. Registrar, Commissioner (or as the case may be) |