Soldier Settlement Act — S-12.8 34
While any sum on advances unpaid all properties of settler to remain as security and his interest therein cannot be alienated 34 Notwithstanding any law, whether statute or otherwise, in force in any province, (a) while any sum shall remain unpaid upon the aggregate advances or payments made from time to time pursuant to the provisions of this Act by the Board to or on behalf of a settler, and secured by or charged whether under this Act or otherwise, upon real, personal or other properties of the settler, or upon the settler’s interest in any of such properties, all of the properties so charged shall continue to be security for repayment of such sum or sums as shall at any time remain unpaid upon any of such advances or payments and, unless with the consent in writing of the Board, the interest of the settler in any of such properties shall not be capable of being voluntarily or involuntarily alienated, or subsequently charged or encumbered nor be subject to the operation of any law or agreement whatever to the prejudice of the claims or charges of the Board; No judgment, etc., against settler binding on land, stock, etc., while price, advance or interest unpaid to Board (b) no deed, mortgage or other instrument executed by or for a settler, and no judgment recovered or attachment, execution or other process issued against him shall, as against the Board, bind or affect the lands or the live stock and equipment, sold by the Board to such settler or his land upon the security of which the Board has made any advance of money, or the increase of any of such live stock sold as aforesaid, for so long as the sale price of said lands, live stock or equipment, or said advance, or any part of said price or advance, or any interest thereon, remains unpaid to the Board; No priority of claim for wife or husband of settler, notwithstanding dower or other laws of any province, when price, etc., due to Board unpaid (c) the wife of any settler shall not, for so long as the sale price, or any part thereof or any interest thereon, or any charge in favour of the Board, remains unpaid upon any lands which were sold by the Board to a settler, or upon the security of which the Board has made any advance of money, have in priority or in prejudice of any claim or charge of the Board against or upon such lands any estate of dower therein nor, during the same period, shall the husband of any settler have, in priority or prejudice as aforesaid, any estate of courtesy in such lands, nor shall the Mechanics’ Lien laws or other lien laws or the dower or homestead laws of any province extend or apply in priority or prejudice as aforesaid to said lands; No sale or other transaction by settler, while price unpaid, effective against Board (d) no sale, gift, delivery, barter, exchange, pledge, charge, lien or other transaction by or for the settler to or with any person, corporation or body other than the Board, and purporting to affect or bind any of such lands, live stock or equipment or any part thereof, sold by the Board to a settler, or the increase of any live stock so sold, shall, while the sale price of such lands, live stock and equipment, or of any part thereof, or any interest on such price thereof, remains unpaid, have, as against the Board, unless with the consent of the Board, any effect whatever; Crops, live stock, etc., seized shall stand charged with lien in favour of Board (e) if the produce or crop of any lands which were sold by the Board to a settler or of any lands upon the security of which the Board has made any advance of money is seized or taken in execution or under any other process, whether the settler shall or shall not have fully paid for said lands, and whether said produce or crop is seized or taken standing, or cut, or in barn, or 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 r