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CHAPTER 65

An Act to appoint an Administrator of Estates of the Mentally Incompetent.

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[Assented to February 3, 1922.]

IS Majesty, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts. as follows:

SHORT TITLE.

1. This Act may be cited as The Administrator of Short title Estates of the Mentally Incompetent Act, 1922.

INTERPRETATION.

2. In this Act, unless the context otherwise requires, Interpretation the expression:

1.

Court" means His Majesty's Court of King's "Court" Bench for Saskatchewan;

2. "Hospital" means the provincial hospitals for "Hospital" mental diseases at Battleford and Weyburn or any other provincial hospital for mental diseases which may hereafter be established in Saskatchewan;

3. "Judge" means a judge of the said court;

"Judge"

4. "Mentally incompetent" includes every person who "Mentally is mentally diseased, an idiot, of unsound mind, or incompetent" feeble minded, and who is detained or under treatment in an hospital or public institution under the provisions of The Mental Diseases Act, or of any Act which may be substituted therefor or of any other Act or law which may from time to time be in force in the province;

5. "Minister" means the Minister of Public Works, Minister' or such other member of the Executive Council as is intrusted with the administration of this Act. R.S.S. 1920, c. 159, s. 2, amended.

APPOINTMENT OF ADMINISTRATOR.

continued

3.—(1) The officer known as the Administrator of An officer Lunatics' Estates is continued under the name of the Administrator of Estates of the Mentally Incompetent, and shall in that name possess all the rights and powers, perform all the duties and be subject to all the obligations hereinafter set forth.

Administrator is committee

Appointment filed with registrar of

court

No other committee appointed

(2) The Lieutenant Governor in Council may from time to time appoint an Administrator of Estates of the Mentally Incompetent, whose duty it shall be to manage, handle, administer and care for the property, whether real or personal, which is intrusted to him under this Act. R.S.S. 1920, c. 159, s. 3, amended.

4. The administrator shall by his name of office be the committee of the estate of any mentally incompetent person who has no other committee, whenever appointed by the Lieutenant Governor in Council to act as such committee. R.S.S. 1920, c. 159, s. 4, amended.

5. The administrator shall forthwith, upon receipt of an order in council containing such appointment, file a duly certified copy thereof with the local registrar of the court for the judicial district in which the mentally incompetent person has his place of residence, as well as in every judicial district where any of his property, real or personal, is situated, and the registrar shall file such copy among his records without fee. R.S.S. 1920, c. 159,

s. 5, amended.

6. During the continuance of the order in council no other committee or guardian shall be appointed by the court. R.S.S. 1920, c. 159, s. 6, amended.

Powers of administrator

Removal of guardian

Administrator may deal with

estate

POWERS AND DUTIES OF ADMINISTRATOR.

7. The administrator, while acting as committee to the estate of a mentally incompetent person, shall have all the powers of a committee or guardian appointed by the court. R.S.S. 1920, c. 159, s. 7, amended.

8. In case a committee or guardian has been appointed by the court to the estate of a mentally incompetent person, or shall have been appointed to the estate of any such person before his admission to the hospital or public institution, the administrator shall be entitled, on application to a judge in chambers, to an order removing such committee or guardian and vesting the estate in the administrator, upon such terms as to taking the accounts, remuneration of the committee or guardian and costs, as seem meet. R.S.S. 1920, c. 159, s. 8, amended.

9.-(1) The administrator, as committee of the estate of a mentally incompetent person, shall have power and authority, without applying to or petitioning the court for a declaration of lunacy, or for an order affecting the said estate:

(a) to sell, mortgage, partition, lease or lease with an option of purchasing, the real estate of such person, or any portion thereof;

(b) to transfer or assign any mortgage, lease or
agreement standing in the name of such person,
or to discharge any such mortgage;

(c) to execute the necessary transfers, convey-
ances, agreements for sale, partition agreements,
leases, and transfers of mortgages and leases,
and discharges of mortgage; and

(d) to accept mortgages as security for the purchase.
money or any part thereof.

(2) When land of a mentally incompetent person is to be sold, the administrator shall cause a notice of the sale to be published once a week for two successive weeks in a newspaper published or circulating in the district where the land is situated, the latter of such insertions to be not less than seven days before the day of sale, and also in one issue of The Saskatchewan Gazette. R.S.S. 1920, c. 159, s. 9, amended.

(3) Notwithstanding anything in The Homesteads Act, in case the wife of a mentally incompetent person refuses to sign a transfer, agreement of sale, lease, mortgage or other instrument intended to transfer or charge the homestead of such mentally incompetent person or any interest therein, the administrator may apply to a judge of the Court of King's Bench in chambers and the judge may thereupon make an order dispensing with the signature of the wife of the mentally incompetent person, or such other order and upon such terms and conditions as he may deem advisable.

New.

10. The registrar of land titles for the registration Registration district in which the land is situated, shall register such transfers, mortgages, leases, transfers of mortgages and leases and discharges of mortgage, upon the production. and deposit of a duly certified copy of the order in council appointing the administrator to be committee of the mentally incompetent person's estate, and of a certificate of the minister certifying that the personal estate and the rents, profits and income of the real estate are insufficient for the maintenance of such person or his family, or for the education of his children; or that it is desirable in the interests of such person and his estate that the property should be sold or mortgaged, or that the mortgages or leases should be transferred or assigned, or the mortgages discharged, as the case may be. R.S.S. 1920, c. 159, s. 10, amended.

11. The administrator shall have and be deemed Investmentalways to have had authority to invest the moneys of a mentally incompetent person of whom he is the committee, in any securities in which trustees are by law authorised to invest trust funds. R.S.S. 1920, c. 159, s.11, amended.

Agreements

by adminis

mittee binding

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12. (1) In the event of the administrator entering trator as com- into a contract on behalf of a mentally incompetent person while the latter is detained in an hospital or public institution, such contract shall be binding on such person after his discharge or escape from the hospital or public institution, in the same manner and to the same extent as if he himself had made it; and, if he fails to carry out his obligations thereunder after his discharge or escape, the administrator may do so in the same manner as he might have done if the mentally incompetent person had remained in detention.

Notices of commitment

Notice that administration ended

(2) Where a sale of land has been made by the administrator while the owner was so detained, the administrator shall have power to convey title, not withstanding that the owner is discharged before a transfer of the land so sold has been executed or registered. R.S.S. 1920, c. 159, s. 12, amended.

13.-(1) When a mentally incompetent person has been committed to the hospital or public institution the administrator shall forth with send notice of his commitment by registered letter to every registrar of land titles, local registrar of the Court of King's Bench and clerk of the district court in the province.

(2) After receipt of the notice in subsection (1) mentioned, no local registrar or clerk of the court shall enter judgment against the mentally incompetent person or his estate upon proceedings commenced before commitment, nor shall any writ of execution be issued upon a judgment previously obtained against him, unless it be established to the satisfaction of such local registrar or clerk of the court by affidavit that the notice required by section 16 has been duly given or unless the court or a judge otherwise orders.

(3) Upon receipt of the notice in subsection (1) mentioned every registrar of land titles shall file the same and enter it in his general register, and until he receives the further notice provided by section 14, he shall not accept for registration any instrument affecting the mentally incompetent person's lands, except an order of court, a certified copy of a writ of execution, a caveat, a notice under section 15 or any document subsequent to said notice properly registerable in the course of proceedings for foreclosure or sale, unless such instrument is duly executed by the Administrator of Estates of the Mentally Incompetent, or the registration is authorised by such administrator in writing. R.S.S. 1920, c. 159, s. 13, amended.

14. (1) Upon the release or discharge of the mentally incompetent person the administration having been for the purposes of this Act completed, or at any time when

for any reason the minister considers a continuation of the administration no longer necessary or desirable, the administrator shall forward by registered letter to the officials mentioned in section 13, a notice that the administration is at an end, and thereupon the restrictions contained in such section shall cease to apply, and the local registrars, clerks of the court and registrars of land titles shall deal with documents and proceedings in their respective offices as if the notice given under section 13 had not been received. R.S.S. 1920, c. 159, s. 14, amended.

(2) Notwithstanding the release or discharge of a mentally incompetent person, the administration shall continue as long as the minister considers it necessary or desirable in the interest of such person or his estate. New.

ACTIONS AND PROCEEDINGS.

action

15. No action or other proceeding at law, and no Notice of proceeding in the land titles office, shall be brought or taken against a mentally incompetent person unless thirty days' previous notice of such action or proceeding has been given in writing to the administrator and filed with the local registrar, clerk of the court or registrar of land titles, as the case may be. Such notice shall set out fully the cause of the proposed action or proceeding with particulars. R.S.S. 1920, c. 159, s. 15, amended.

or execution

16. No judgment shall be entered against a mentally No judgment incompetent person upon proceedings taken against him without notice before commitment, nor shall execution be issued upon a judgment obtained against him before commitment, unless thirty days' previous notice of intention to enter such judgment or issue such execution has been given in writing to the administrator by the other party to the action or proceeding. R.S.S. 1920, c. 159, s. 16, amended.

ADMINISTRATION ON DEATH OF MENTALLY INCOMPETENT

PERSON.

minister

17. When a mentally incompetent person, of whose Notice to estate the administrator is committee dies, the administrator shall retain possession of the lands, personal estate and effects of the deceased, and shall forthwith notify the minister of the death. R.S.S. 1920, c. 159, s. 17, amended.

for letters of

18. The administrator may thereupon apply to the Application proper surrogate court for letters of administration or administration letters of administration with the will annexed, as the case may be, and, upon payment of the proper fees and otherwise complying with the practice and procedure of such court in so far as the same are applicable, he shall

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