Lapas attēli
PDF
ePub

the purchaser such transfer shall be made to the purchaser by the sheriff or the deputy sheritf who is in office acting as sheriff as aforesaid at the time when the deed of conveyance is made. R.O. c. 57, s. 8.

[ocr errors]

successor to

10. If the sheriff goes out of office during the currency of Sheriff any writ of execution against lands and before the sale, such pacating: writ shall be executed and the sale and transfer of the lands be continue made by his successor in office and not by the former sheriff. R.O. c. 5., s. 9.

process

MISFEASANCE OR DEFAULT OF SHERIFF, LIABILITY OF SURETIES,

sureties

11. The sureties of the sheriff shall be liable to indemnify Liability of the party or parties to any legal proceedings against any omission or default of the sheriff

' in not paying over moneys received by him and against any damage sustained by any such party or parties in consequence of the sherift"s wilful or neglectful misconduct in his office and the sheriff shall be joint defendant in any action to be brought upon the covenant or security given by the sheriff. R.O. c. 57, s. 10.

eritt

security

12. Any person sustaining any damage by reason of any Default of such default or misconduct of any sheriff

may bring and maintain an action upon the said covenant or security for such Action on default or misconduct and such action shall not be barred by reason of any prior recovery by the same party upon the covenant or security or of any judgment rendered for the defendant in any prior action upon the same covenant or security or by reason of any other action being then depending upon the same either at the suit of the same plaintiff or of any other party for any other distinct cause of action. R.O. c. 57, s. 11.

suretys

13. If upon the trial of any action upon any such covenant Limitation of or security it is made to appear that the plaintiff is entitled to liability recover and that the amount which such surety has paid or become liable to pay as hereinafter mentioned is not equal to the full amount for which he became surety the court after deducting from such full amount the sums which he has so paid or become liable to pay as aforesaid shall render judgment against him for any sum not exceeding the balance of the sum for which he became surety. R.O. c. 57, s. 12.

, . 14. Where any such surety actually and bona file and of his when urrats own proper moneys and effects has paid or become liable by li-charse

from liability virtue of a judgment or judgments recovereil against him upon his said covenant or security to pay an amount equal to the amount specified in the said covenant or security for which he becaine surety such covenant or security shall as to him be deemed to be discharged and satisfied and no other or further sum shall be recovered against him. R.O. c. 57, s. 13.

15. It shall be competent for the Supreme Court or a judge stay of thereof upon proof to the satisfaction of the Court or judge of against surety such payment or liability in a summary manner and at any stage of the cause by stay of proceedings or otherwise to prevent the recovery against any such surety of any further sum than the amount specified in his covenant or security and for which he may have become surety. R.O. c. 57, s. 14.

proceedings

When iudgment recovered

levy to be on

16. Ujon every writ of execution under a judgment reco

vered on such covenant or security the plaintiff or his advocate lepon se erity shall by an indorsement on the writ direct the coroner or other Sheriff's goods officer charged with the execution of such writ to levy the

amount thereof upon the goods and chattels of the sheriff in the first place and in default of goods and chattels of the sheriff to satisfy the amount then to levy the same or the residue thereof on the goods and chattels of the other defendant or defendants in such writ and so in like manner with any writ against lands and tenements upon a judgment on any such covenant or security. R.O. c. 57, s. 15.

Sheriff liable 17. Notwithstanding a sheriff

' may have forfeited his office until successor takes office and become liable to be removed therefrom the liability of him

self and his sureties shall remain until a new sheriff has been appointed and sworn into office. R.O. c. 57, s. 16.

.

OFFICERS NOT TO PURCHASE AT EXECUTION SALES.

Sherifl, etc., may not purchase under execution

18. No sheriff, deputy sheriff, bailiff or constable shall directly or indirectly purchase any goods or chattels, lands or tenements by him exposed to sale under execution. R.O.c. 57,

s. 17.

MISCONDUCT OF BAILIFF OR CONSTABLE.

Liability for

writ

19. If any bailiff' or constable entrusted with the execution misconduct in of any writ, warrant, process, mesne or final, wilfully miscon

ducts himself in the execution of the same or wilfully makes any false return to such writ, warrant or process, unless by the consent of the party in whose favour the process issued, he shall answer in damages to any party aggrieved by such misconduct or false return. R.O. c. 57, s. 18.

CUSTODY OF WRITS, PROCESS, ETC.

Restoration

documents,

20. Every deputy sheriff, bailiff or other sheriff's officer or of celoto beriti clerk entrusted with the custody of any writ or process or of

any book, paper or document belonging to the said sheriff or bis office shall upon demand upon him by such sheriff restore and return such writ, process, book, paper or document to the cristody of the said sheriff and in case of any neglect or refusal to

return or restore the same as aforesaid the party so neglecting Enforcement or refusing may be required by an order of the Supreme Court

or of any judge of such court to return and restore such writ, process, book, paper or document to such sheriff and if he disobeys such order may be further proceeded against by attachment as in other cases of contumacy to orders or rules of court. R.O. 57, s. 19.

of return

9

to deliver

sheritf when required

21. If any deputy sheriff, bailiff or sheriff's officer shall have Sheriff's officer in his possession, custody or control any writ of summons, fieri process to fucias or other writ or any bench warrant or process whatsoever and shall upon demand made by the sheriff from whom the same may have been received or his successor in office or by any other party entitled to the possession of the same neglect or refuse to deliver up the same such sheriff or his successor in office or the party entitled to the possession of the same may proceed by summons and order before any judge having jurisdiction in the court out of which such writ or process issued to compel the production thereof; which order may be enforced in the same manner as like orders for the return of writs against sheriffs and with or without costs or be discharged with costs against the party applying in the discretion of the judge aforesaid. R.O. c. 57, s. 20.

VACANCY IN OFFICE OF SHERIFF.

DEPUTY TO ACT.

of ,

sheriff

22. In case a sheriff dies, resigns his office and his resigna- Provision in tion is accepted or is removed therefrom the deputy sheriff by resignation or him appointed shall nevertheless continue the office of sheriff removal of and execute the same and all things belonging thereto in the name of the sheriff so dying, resigning or being removed until another sheriff has been appointed and sworn into office; and the said deputy sheriff' shall be answerable for the execution of the said office in all respects and to all intents and purposes whatsoever during such interval as the sheriff so dying, resigning or having been removed would by law have been if he had been living or continuing in office and the security given to the sheriff so deceased, resigning or being removed by his said deputy sheriff and his pledges as well as the security given by the said sheriff shall reinain and be al security to the Queen, Her Heirs and Successors and to all persons whatsoever for the due and faithful performance of the duties of his office during such interval by the said deputy sheriff. R.O. c. 57, s. 21.

SECURITIES AND OATHS OF OFFICE.

filed

23. Every sheriff before entering upon the duties of his copy of office and if after entering upon his duties a new security is acarity to be substituted for any previously given shall file in the office of the Territorial secretary a copy, certified as such by the Secretary of State for Canada, of the security required by and given under The North-West Territories Act or of such substituted security. No. 6 of 1893, s. 11 ; No. 38 of 1897, s. 8 (1).

24. Such security shall be available to and may be sued security may upon by any person suffering damages by the default, breach of be sued upon duty or misconduct of such sheriff. No. 6 of 1893, s. 13.

25. A copy of such security purporting to be such, certified Certified copy by the Territorial secretary', shall be received in all courts as et ideuce prima facie evidence of the due execution and contents thereof without further proof. No. 6 of 1893, s. 1+; No. 38 of 1897, S. 8 (3)

of security

Oath of office

26. Every sheriff and every deputy sheriff appointed under the provisions of any Ordinance of the Territories in that behalf shall upon appointment and before entering upon the duties of his office take the oath of office in the form in the schedule to this Ordinance and also the oath of allegiance.

(2) All such oths shall be filed in the office of the clerk of the Executive Council iminediately after being taken. No. 38 of 1897, s. 8 (4); No. 12 of 1898, s. 43.

DEPUTY SHERIFFS.

Deputy sheriils to be appointed

27. The sheriffs of the several judicial districts shall respectively from time to time appoint a deputy at Edmonton, Lethbridge, Medicine Hat, Battleford, Moose Jaw and Yorkton; and such deputy sheriffs shall have and perform the powers, duties and obligations hereinafter mentioned. No. 10 of 1895, s. 7 ; No. 13 of 1896, s. 3.

Districts defined

28. For the purposes hereinafter mentioned the respective districts of the deputy sheriffs at Edmonton, Medicine Hat, Battleford, Moose Jaw and Yorkton shall be the same respectively as the districts of the deputy clerks at the said places respectively; and the district of the deputy sheriffat Lethbridge shall be that portion of the electoral district of Lethbridge lying to the east of the dividing line between ranges twenty-seven and twenty-eight west of the fourth initial meridian :

Provided that any business pending shall be completed in the office of the sheritt'or deputy sheriff'respectively in which it was begun or is pending. No. 10 of 1895, ss. 8, 9; No. 13 of 1896, S. 4.

Powers and (luties of deputy

29. All the powers, duties and obligations which may now be exercised or performed by the sheriff of any one of the said judicial districts may hereafter so far as they are to be exercised or performed within the districts of any one of the said deputy sheriffs or as they affect property and person in the districts of any one of such deputy sheritt's be exercised and performed by such deputy sheriff's respectively and in respect of mesne and final process intended to affect real or personal property situate within the districts of any one of the said deputy sheriff's such deputy sheriff shall have and perform all the powers, duties and obligations of the sheriff of his judicial district and such process shall for the purpose of binding such property be placed in the hands of such deputy sheriff and need not be placed in the hands of the sheriff of his judicial (listrict and such deputy sheriff's shall have and use a duplicate of the seal of the sheriff's of their respective judicial districts and keep such books as are kept by sheriffs. No. 10 of 1895,

s. 10.

Deputy to give 30. Each deputy sheriff before entering on his duties shall security

give security to the Lieutenant Governor to the satisfaction of the Lieutenant Governor in Council in the sum of $2,000 for the due performance of the duties and obligations of his said office and for the due payment over to the persons entitled Security may

be thereto of all moneys received by him by virtue of his said office upon and any person sustaining damage by reason of the nonperformance or improper or undue performance of such duties or obligations by reason of the nonpayment over of such moneys shall have and possess a right of action against such deputy sheriff and his sureties upon such security for the amount of such damages. No. 10 of 1895, s. 11; No. 38 of 1897, s. 12 (1).

31. The respective sheriffs for the said judicial districts of Sheriff not Northern Alberta, Southern Alberta, Saskatchewan, West-for deputy ern Assiniboia and Eastern Assiniboia shall not after the giving of such security by their said respective deputies be answerable or accountable for the acts or nonperformance or improper performance of the duties and obligations of their respective deputies. No. 10 of 1895, s. 12: No. 38 of 1897, s. 9 (1).

responsible

32. No sheriff or deputy sheriff' while holding office shall Sheriff or practise as an advocate of the Territories or be a member of deputy not to any firm of advocates practising in the Territories. No. 38 of advocate 1897, s. 8 (6).

SCHEDULE

SHERIFF'S OATH OF OFFICE.

I,

do swear that I will truly and faithfully perform the several duties of

sheriff of
the judicial district to which I have been appointed without
fear, favour or malice. So help me God.
Sworn before me at

in the North-West Territories,
this
day of

1 .

« iepriekšējāTurpināt »