GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Soldier Settlement Act — S-12.8 28
No sale to any settler who obtained soldier grant, advance on his own land, or owns an average farm 28 Notwithstanding anything in this Act, the Board shall not, unless the Minister upon the recommendation of the Board shall approve, sell any lands to any settler who (a) has obtained a soldier grant under this or the former Act; (b) has secured from the Board, under this or the former Act, any advance of money for the clearing of encumbrances on land owned by the settler; or (c) is owner of, or has a vested, possessory interest in, agricultural land of such area as, in the opinion of the Board, constitutes an average farm for the district within which the land is situate, or which, in the opinion of the Board, is of the value of five thousand dollars. 1919, c. 71, s. 28
Soldier Settlement Act — S-12.8 29
Sale of lands for dairy, educational and other purposes and to provincial authorities: price to be not less than estimated cost to a settler 29 Notwithstanding anything in this Act, the Board, with the consent of the Governor in Council, may sell any land which is at its disposal for sale, in the cases and subject to the conditions following, that is to say: — (a) as a site for a dairy factory, cheese factory, fruit preserving factory or creamery, or for any educational, religious, charitable or public purpose, or for any other purpose which, in the opinion of the Board, renders such a sale in the public interest; (b) to any provincial or municipal authority for any purpose; (c) the price shall in each case be fixed by the Governor in Council and shall be not less than the cost of the land as it would be estimated by the Board on a sale to a settler of lands acquired by purchase under this Act. R.S., 1927, c. 188, s. 29; 1932, c. 53, s. 2
Soldier Settlement Act — S-12.8 30
All agreements between Board and settler under twenty-one years are valid 30 All deeds of land, all mortgages and charges upon land or goods and all contracts and agreements whatever, including bills of exchange and promissory notes, made or entered into by any settler to or with, or for the benefit or security of, the Board, purporting to act with respect thereto or to accept any thereof in execution of any of its powers under this Act or under the former Act, shall be valid and enforceable notwithstanding that such settler is not of the full age of twenty-one years, or is an Indian or is under any civil disability. Commencement of section * 2. This section shall be deemed to have been operative as from the passing of the former Act. * [Note: The Soldier Settlement Act, 1917 assented to August 29, 1917.] 1919, c. 71, s. 30
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Settler occupant deemed tenant 31 Every settler holding or occupying land sold by the Board shall, until the Board grants or conveys the land to him, be deemed a tenant at will. 1919, c. 71, s. 31
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Additional security for advances may be required 32 Every settler obtaining advances from the Board for any of the purposes of this Act may be required, if the Board considers the security otherwise insufficient, to furnish security on any property owned or held by him. Documents to be in prescribed form, and to have statutory effect 2. All agreements of sale or otherwise, all instruments evidencing liens or charges, and all other documents authorized or required by this Act, shall be made in such form and according to such forms, and shall contain such provisions as the Board shall provide, and every such document shall have effect as if the form thereof were statutory, and were provided by and as part of this Act. 1920, c. 19, s. 4
Soldier Settlement Act — S-12.8 33
Unless Board consents, land, stock, etc., held and unpaid in full by settler to be exempt from operation of ordinary laws 33 Notwithstanding any law, whether statute or otherwise, in force in any province, (a) which authorizes or requires the registration, recording or filing of deeds, mortgages, certificates of judgments, attachments, bills of sale or other documents which affect title to, or evidence the existence of liens or charges upon, real, personal or other property; or (b) which authorizes the levy upon, or sale under attachment, execution or other process, or the expropriation or seizure of real, personal or other property; unless the Board shall otherwise consent in writing the lands of, or sold by the Board to, a settler, and the live stock and equipment of, or sold by the Board to, a settler, and the increase of any such live stock, and the Board’s and the settler’s respective interests in such lands, live stock and equipment, shall, for so long as any part of the sale price, or the amount of any advance made with respect to any such property, or any interest, or any amount charged upon such property or any thereof in favour of the Board, remains unpaid to the Board, be exempt from and not within the operation of such laws. 1919, c. 71, s. 33
Soldier Settlement Act — S-12.8 34
 otherwise, such produce or crop shall stand charged with a lien in favour of the Board for payment of all instalments due or overdue by the settler to the Board at the time of seizure or taking, in respect of the settler’s land, live stock, equipment and permanent improvements, and, as well, all such instalments in respect as aforesaid as will mature within twelve calendar months thereafter. Transactions and laws affecting settler subject to this Act 2. All lawful transactions by or with and all lawful proceedings against the settler, and all provincial laws affecting him or his property or his property interests, shall, as respects any property, real, personal or other, sold to him by the Board, or charged with any claims of the Board, have effect except as by this Act provided. Priority of Board’s liens over all other liens 3. Unless the Board shall otherwise consent all liens and charges of the Board shall, while and for so long as they or any part thereof shall remain unpaid to the Board, rank upon the property of the settler, or against his interest in any property subject to lien or charged, in priority to all other liens and charges, and the liens and charges of the Board shall rank pari passu . Board may require mortgage defining charge on land, etc. 4. The Board may require of any settler the execution of a mortgage, in such form as its regulations may prescribe, defining and securing any charge which is by this or by the former Act imposed or declared to exist or is agreed upon by the Board and the settler. 1919, c. 71, s. 34
Soldier Settlement Act — S-12.8 35
Settlement areas defined by Board 35 For the purpose of enabling compulsory purchase of agricultural lands in execution of the purposes of this Act, the Board may establish and define the limits of settlement areas. Only in certain districts 2. Settlement areas shall be established only in districts wherein by reason of lands remaining undeveloped agricultural production is being retarded. Establishment of area by Board conclusive proof 3. The Board shall be sole judge as to whether or not in any district, by reason of lands remaining undeveloped, agricultural production is being retarded, and the fact of the establishment of a settlement area in manner by this Part provided shall be conclusive proof in any court or otherwise that any lands within such area which the Board, pursuant to the following provisions of this Part, may proceed to purchase compulsorily are compulsorily purchaseable hereunder, and that such settlement area answers the requirements of the next preceding subsection. 1919, c. 71, s. 35
Soldier Settlement Act — S-12.8 36
Gazetting notice proof of establishment 36 A settlement area shall be deemed to be established when the Board has gazetted a notice of such establishment four times with intervals of not less than five days between each gazetting. Form of notice 2. Such notice shall define the limits of the settlement area so established and shall be sufficient if in form as nearly as may be to form A in the schedule to this Act. Publication in newspapers 3. The Board shall, in addition to such gazetting, publish like notice to that gazetted four times, with intervals of not less than five days between each publication, in one newspaper having a circulation throughout the district wherein such settlement area is wholly or partly contained and mail two copies of the Gazette in which such notice first appears to the Registrar of Deeds in said district. Registrar to file Gazette 4. Such Registrar shall preserve such Gazette on file in his office. Omission not invalidation 5. The omission on the part of the Board to comply with subsection three of this section, or the omission of the Registrar to comply with subsection four of this section, shall not invalidate nor render insufficient any proceedings on the part of the Board for compulsory purchase. 1919, c. 71, s. 36
Soldier Settlement Act — S-12.8 37
Notice of alteration or disestablishment of area to be gazetted 37 The Board may, from time to time, curtail, extend or in any other way alter the limits of, or entirely disestablish a settlement area, which shall be deemed to have been done when it has gazetted notice of the alteration or disestablishment in like manner to the gazetting of notice of the original establishment of the area, save that in the case of disestablishment only one gazetting shall be made. Form 2. The notice shall be sufficient if in form as nearly as may be to form B in the schedule to this Act. Notice to be sent to Registrar 3. The Board shall publish and mail and the Registrar of Deeds shall preserve on file in manner like to that in section thirty-six provided with respect to the original establishment of the settlement area, save that in the case of disestablishment only one publication shall be made, but non-compliance shall have like absence of effect. 1919, c. 71, s. 37
Soldier Settlement Act — S-12.8 38
Gazetting constitutes a notice and puts interested person upon inquiry as to action of Board Subsequent registrations entail all charges, etc., on land 38 Gazetting as in section thirty-six and thirty-seven of this Act provided shall constitute notice to every person proposing to deal with or acquire any estate or interest in or any charge upon any land within a settlement area that the land is subject to the provisions of this Act, and shall put such person upon inquiry as to the proceedings which may have been taken by the Board, and all subsequent registrations in respect to any parcel of land which is in whole or in part included within such settlement area shall be subject to the rights, options, and privileges of the Board, and the person claiming under any such registration shall take the land subject to all charges and liabilities which have been imposed and to which it may be liable to be subjected under this Act. 1919, c. 71, s. 38
Soldier Settlement Act — S-12.8 39
Owner to file return with District Superintendent, within 30 days as per form C 39 Within thirty days after the last gazetting of the establishment of a settlement area, each owner of a block, the whole or any part whereof is situate within the settlement area, shall file with the District Superintendent of the Board having jurisdiction over the district within which such settlement area is situate a return in form C in the schedule to this Act naming the prices at which he is willing to sell the block and each parcel thereof to the Board and shall give such other information with respect to such block as the Board may from time to time prescribe or require. Board to mail notice to owner stating amount of compensation 2. At any time after the expiration of such thirty days period the Board may, by notice to the owner of any land within the settlement area which is deemed by the Board subject to compulsory purchase under this Act, mailed to his last known address, require such owner to convey to the Board the land with respect to which notice has been so mailed and thereby advise him of the amount of compensation that the Board is willing to pay for such land. 1919, c. 71, s. 39
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Statement of all liens, etc., on land to be furnished to Board by person interested 40 Every person who has any estate or interest in any land proposed to be purchased compulsorily for any of the purposes of this Act, or who represents or is the husband of any such person, shall, upon demand made therefor by or on behalf of the Board, furnish to the Board a true statement showing the particulars of such estate and interest and of every charge, lien and encumbrance to which the same is subject, and of the claim made by such person in respect of such estate and interest. 1919, c. 71, s. 40
Soldier Settlement Act — S-12.8 41
deemed institution of suit 7. Such information shall be deemed and taken to be the institution of a suit against the persons named therein, and shall conclude with a claim for such a judgment or declaration as, in the opinion of the Board, the facts warrant. Ordinary procedure of Court to be followed 8. The information shall be served in like manner as other informations and all proceedings in respect thereof or subsequent thereto shall be regulated by and shall conform as nearly as may be to the procedure in other cases instituted by information in the Court. Questions of fact or law may be raised in defence 9. Any person who is mentioned in any such information, or who afterwards is made or becomes a party thereto, may, by his answer, exception or defence, raise any question of fact or law incident to the determination of his right to such compensation money or any part thereof, or in respect of the sufficiency of such compensation money. Such proceedings bar all claims to compensation, etc. 10. Such proceedings shall, so far as the parties thereto are concerned, bar all claims to the compensation money or any part thereof, including any claim of dower, or of dower not yet open, as well as in respect of all mortgages, hypothecs or encumbrances upon the land or property; and the Court shall make such order for the distribution, payment or investment of the compensation money and for the securing of the rights of all persons interested, as to right and justice, according to the provisions of this Act and to law appertain. 1919, c. 71, s. 41
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When Board may establish or declare block of land a settlement area 42 If the Board decides to acquire by compulsory purchase any block which is not within an existing settlement area, it may establish the block as a settlement area, or it may by notice gazetted in the manner provided in section forty-one of this Act, declare such block to be within an existing settlement area, of which area the notice shall define altered bounds to include the block so decided to be purchased, whereupon compulsory purchase proceedings may be conducted in every respect as if the block had been originally within an established settlement area. 1919, c. 71, s. 42
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Duties of registrar of deeds as to registers and registrations of transactions under this Act 43 Every registrar of deeds shall, upon receipt of any copy of the Canada Gazette containing any notice in form D gazetted under this Act affecting lands within his registration district, register, record or enter in the book or books, including index books, in which, according to the law of his province with reference to the registration or recording of grants, conveyances or transfers of land, grants, deeds or other documents of conveyance or copies thereof or notations or references thereto ought by him to be registered, recorded or entered, either the whole notice in form D so gazetted or sufficient notations or references thereto or therefrom as will show that the land described or the interest stated in such notice is owned by the Board absolutely by right acquired under this Act, and upon any resale of such land or of part thereof by the Board shall, when required, register, record or enter in such books the purchaser thereof or of part thereof in accordance with the terms of any grant or conveyance from the Board presented for registration, recording or entry. 1919, c. 71, s. 43
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Claims on land become claims on compensation money 44 The compensation money agreed upon or adjudged for any land compulsorily purchased for any of the purposes of this Act shall stand in the stead of such land or property; and any claim to or encumbrance upon such land or property shall, as respects the Board, be converted into a claim to such compensation money or to a proportionate amount thereof as may be allowed and shall be void as respects any land so compulsorily purchased. 1919, c. 71, s. 44
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Costs at discretion of Court 45 The costs of and incidental to any compulsory purchase proceedings under this Act shall be in the discretion of the Court, which may direct that the whole or any part of such costs may be paid by the Board or by any party to such proceedings. 1919, c. 71, s. 45
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Payment of compensation or costs. 46 The Board may pay to any person any sum to which, under the judgment of the Court, in virtue of the provisions of this Act, he is entitled as compensation money or costs. 1919, c. 71, s. 46
Soldier Settlement Act — S-12.8 47
Interest at 5 p.c. on compensation money 47 Interest at the rate of five per centum per annum may be allowed on such compensation money from the time when the land was acquired or taken to the date when judgment is given; but no person to whom has been tendered a sum equal to or greater than the amount to which the Court finds him entitled shall be allowed any interest on such compensation money from any time subsequent to the date of such tender. Refusal of interest when delays attributable to person otherwise entitled to it 2. If the Court is of opinion that the delay in the final determination of any such matter is attributable in whole or in part to any person entitled to such compensation money or any part thereof, or that such person has not, upon demand made therefor, furnished to the Board within a reasonable time a true statement of the particulars of his claim required to be furnished as hereinbefore provided, the Court may, for the whole or any portion of the time for which such person would otherwise be entitled to interest, refuse to allow him interest, or it may allow the same at such rate less than five per centum per annum as to the Court appears just. 1919, c. 71, s. 47
Soldier Settlement Act — S-12.8 48
When warrant may issue to put Board in possession 48 If any resistance or opposition is made by any person to the Board, or any person acting for the Board, entering upon and taking possession of any lands, a judge of the Court, or any judge of any superior court, may, on proof of the execution of the conveyance of such land to the Board, or agreement therefor, or of the gazetting of a notice in form D as aforesaid, and after such notice to show cause given in such manner as the judge prescribes, issue his warrant to the sheriff of the district or township within which such lands are situated, directing him to put down such resistance or opposition, and to put the Board, or some person acting for it, in possession of the lands. Sheriff to make return to Federal Court 2. The sheriff shall take with him sufficient assistance for such purpose, and shall put down such resistance and opposition, put the Board, or such person acting for it, in possession of such lands and forthwith make return to the Court of such warrant, and of the manner in which he executed the same. 1919, c. 71, s. 48
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Entry upon lands, inspection, survey, etc. 49 The Board may by itself, its surveyors or engineers, superintendents, agents, workmen and servants, (a) enter upon any land to whomsoever belonging, make surveys of the same sufficient for the exercise by the Board of any of its powers under this Act, and make tests of the character of such land or of its streams, waters or watercourses; and (b) after compliance with section forty-one of this Act, enter upon and take possession of any land the acquirement of which is, in its judgment, necessary for the execution of any of the purposes of this Act. Any engineer or surveyor for province may be employed 2. The Board may employ any person duly licensed or empowered to act as a surveyor for any province of Canada, or any surveyor or engineer, to make any survey, or establish any boundary and furnish the plans and descriptions of any land acquired or to be acquired by the Board for the execution of any of the purposes of this Act. Stone or iron monuments to mark boundaries 3. The boundaries of such land may be permanently established by means of proper stone or iron monuments planted by the engineer or surveyor so employed by the Board. Effect of such surveys, etc. 4. Such surveys, boundaries, plans and descriptions shall have the same effect to all intents and purposes as if the operations pertaining thereto or connected therewith had been performed, and such boundaries had been established and such monuments planted by a land surveyor duly licensed and sworn in and for the province in which the land is situate. Boundaries true if established after due notice and a procès-verbal signed by witness 5. Such boundaries shall be held to be the true and unalterable boundaries of such land, if (a) they are so established, and such monuments of iron or stone so planted, after due notice of the intention to establish and plant the same has been given in writing to the owners or proprietors of the land thereby affected; and (b) a procès-verbal or written description of such boundaries is approved and signed in the presence of two witnesses by such engineer or surveyor on behalf of the Board and by the other person concerned; or, in case of the refusal of any owner or proprietor to approve or to sign such procès-verbal or description, such refusal is recorded in such procès-verbal or description; and (c) such boundary marks or monuments are planted in the presence of at least one witness who shall sign the said procès-verbal or description. Formalities not necessary unless Board sees fit 6. It shall not be incumbent on the Board or those acting for it to have boundaries established with the formalities in this section mentioned, but the same may be resorted to whenever the Board deems it necessary. 1919, c. 71, s. 49
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In case of farmers consideration of the district, character and acreage of land; all land of settler deemed occupied by him 50 In deciding upon cases meet for compulsory purchase of land under this Act the Board shall, with respect to lands owned and occupied by farmers, consider not only the district in which the land lies, the character of the land and the adequacy of its acreage to enable successful farming operations, but, as well, the extent of cultivation thereof, the circumstances of the farmer and his capacity to reduce, within a reasonable time, a reasonable proportion of his cultivable land to a state of cultivation. Case of soldiers 2. For the purposes of this section all land of a settler shall be deemed to have been and to be occupied by him for the duration of his military service in the war and for twelve months after his discharge. 1919, c. 71, s. 50