P-38 - Settlers Protection Act

Section 3 Disposition versions

1982-12-01

3. Every grantee of public lands in Québec who acquires the same by location ticket, occupation license, certificate of sale or other similar title, issued in his name or in the name of another person of whom he has become the grantee, assignee or legal representative, may, during the three months next after the issue of his letters patent, select a certain number of acres of such land, not exceeding one hundred, as his homestead.

So soon as he has made a solemn declaration of such selection, according to form 1, and such declaration has been acknowledged, in accordance with the Canada Evidence Act (Revised Statutes of Canada, 1970, chapter E-10), and has been registered by deposit, within the said three months, in the registry office for the registration division of the place where such property is situated, the land so selected as a homestead, with the buildings and appurtenances thereon erected, and so long as they shall remain in the possession of such grantee or assignee, or in the possession of his surviving spouse or children, his heirs, legatees or donees, as well as every right, title and interest they may have therein, shall, notwithstanding articles 1980 and 1981 of the Civil Code and articles 569 and 572 of the Code of Civil Procedure, be exempt from seizure and execution, during the fifteen years next after the date of the registration of such declaration, for the payment of debts contracted, either before or during such period, unless it be for the price of such lands or for the extinction of the lawful charges and hypothecs for which they themselves have pledged the property after the issue of such letters patent.

Upon receipt of such declaration and upon payment of a fee of fifty cents, the registrar shall register such declaration and furnish, upon payment of a similar fee of fifty cents, to the grantee or assignee or his representatives as aforesaid, a certificate in accordance with form 2, which certificate shall be valid before all courts.

R. S. 1964, c. 106, s. 3; 1965 (1st sess.), c. 80, a. 1; 1982, c. 17, s. 69.

1977-12-31

3. Every grantee of public lands in Québec who acquires the same by location ticket, occupation license, certificate of sale or other similar title, issued in his name or in the name of another person of whom he has become the grantee, assignee or legal representative, may, during the three months next after the issue of his letters patent, select a certain number of acres of such land, not exceeding one hundred, as his homestead.

So soon as he has made a solemn declaration of such selection, according to form 1, and such declaration has been acknowledged, in accordance with the Canada Evidence Act (Revised Statutes of Canada, 1970, chapter E-10), and has been registered by deposit, within the said three months, in the registry office for the registration division of the place where such property is situated, the land so selected as a homestead, with the buildings and appurtenances thereon erected, and so long as they shall remain in the possession of such grantee or assignee, or in the possession of his widow or children, his heirs, legatees or donees, as well as every right, title and interest they may have therein, shall, notwithstanding articles 1980 and 1981 of the Civil Code and articles 569 and 572 of the Code of Civil Procedure, be exempt from seizure and execution, during the fifteen years next after the date of the registration of such declaration, for the payment of debts contracted, either before or during such period, unless it be for the price of such lands or for the extinction of the lawful charges and hypothecs for which they themselves have pledged the property after the issue of such letters patent.

Upon receipt of such declaration and upon payment of a fee of fifty cents, the registrar shall register such declaration and furnish, upon payment of a similar fee of fifty cents, to the grantee or assignee or his representatives as aforesaid, a certificate in accordance with form 2, which certificate shall be valid before all courts.

R. S. 1964, c. 106, s. 3; 1965 (1st sess.), c. 80, a. 1.