CHAPTER 19.

An Ordinance respecting the Sheriff and Deputy
Sheriffs.

Sheriff's office hours.

Fees received

OFFICE HOURS.

1. It shall be the duty of the sheriff to keep his office open between the hours of ten in the forenoon and four in the afternoon on all days except Sundays and holidays except Saturdays when the same may be closed at one o'clock in the afternoon. N.W.T. c. 23, s. 1.

BOOKS, RECORDS AND PROCESS.

2. The sheriff shall keep a separate book in which he to be recorded shall enter from day to day all fees and emoluments received by him in virtue of his office showing separately the fees received for each service performed and such further facts and information as the Commissioner from time to time requires. N.W.T. c. 23, s. 2.

Annual statement of fees.

Books open to public inspection.

3. The sheriff shall on or before the fifteenth day of January in each year make up a statement in duplicate from such book and return the same to the Commissioner verified under oath; and such statement shall set forth the total amount of fees which have been received during the twelve months ended on the thirty-first day of December next preceding. N.W.T. c. 23, s. 3.

4. The sheriff shall keep in his office open to the inspection of any person the following books, namely:

(a) Process books-in which shall be entered a memorandum of every process other than writs of execution or writs. in the nature of writs of execution received by the sheriff, the court out of which the same issued, the date of the receipt, the nature of the process, the names of the parties thereto, the solicitor by whom issued, the date of the return and the nature of the return made thereto or what was thereunder or therewith done respectively;

(b) Execution books for goods and lands respectively in which shall be entered a memorandum of every writ of execution or writ in the nature of a writ of execution, the court out of which the same issued, the names of the par

ties thereto, the solicitor by whom issued, the date of return and the nature of the return made thereto or what was done thereunder or therewith; and

(c) A cash book in which shall be entered all cash received or paid away by the sheriff in his official capacity or in connection with his office for any service whatever-for fees, poundage, service of process and papers, attendance at court, moneys levied under execution or under writs in the nature of writs of execution or otherwise, the date of the receipt or payment and the cause, matter or service in which or on account of which the same was received or paid away.

(2) And a seal of office. N.W.T. c. 23, s. 4.

books and seal

5. The said books and seal may be supplied out of the Supplying general revenue fund of the Territory. N.W.T. c. 23, s. 5.

to be property

ment.

6. All books, accounts, records, papers, writs, warrants, Books, processes, moneys and other matters and things in the records, etc., possession or under the control of the sheriff by virtue of of Governor appertaining to his office as sheriff shall be the property of the Government and the same and every of them shall Disposition on immediately upon the resignation, removal from office or vacancy of death of any sheriff be, by the party in whose possession or control they may come or happen to be, handed over to and taken possession of by the successor in office of such sheriff or such person as the judge appoints to receive the same. N. W.T. c. 23, s. 6.

office.

books, etc.,

after vacancy.

7. No person except the successor in office of the sheriff Possession of so resigning, being removed or dying, or the person so to be appointed by the court as aforesaid shall take, have or hold any such books, accounts, records, papers, writs, warrants, processes, moneys, or other matters or things; and any person having or holding any of the matters aforesaid shall forthwith on demand deliver over the same and every of them to the said succeeding sheriff or to the person so to be Refusal to appointed as aforesaid; and upon any such person neglect- give up ing or refusing so to do on conviction thereof before a judge of the Territorial Court he shall be liable to pay a penalty not exceeding $100. N.W.T. c. 23, s. 7.

possession.

have access

8. The sheriff after resigning office or removal from office, Ex-sheriff to or his heirs, executors or administrators shall or may at any to books. and at all time or times thereafter have the right and be at liberty to have access to search and examine into any or all accounts, books, papers, warrants, and processes of whatever kind and all other matters or things which were formerly in the possession of him the said sheriff before his resignation or removal and which at the time of making or requiring to make such search or examination are in the

19—Y. o.

Sale of lands by sheriff. Procedure

occurs.

possession or control of the succeeding sheriff, free of all costs, charges and expenses. N.W.T. c. 23, s. 8.

VACANCY IN OFFICE PENDING EXECUTION OF WRIT.

9. In case of the death, resignation or removal of the sheriff, or of any deputy where there is no sheriff, after he has made a when vacancy sale of lands but before he has made a transfer of the same to the purchaser such transfer shall be made to the purchaser by the sheriff or the deputy sheriff who is in office acting as sheriff as aforesaid at the time when the deed of conveyance is made. N.W.T. c. 23, s. 9.

Sheriff vacating,

successor to continue

process.

Liability of sureties.

Default of sheriff. Action on security.

Limitation of surety's liability.

10. If the sheriff goes out of office during the currency of any writ of execution against lands and before the sale, such writ shall be executed and the sale and transfer of the lands be made by his successor in office and not by the former sheriff. N.W.T., c. 23, s. 10.

MISFEASANCE OR DEFAULT OF SHERIFF, LIABILITY OF

SURETIES.

11. The sureties of the sheriff shall be liable to indemify 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 sheriff'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. N.W.T., c. 23,

s 11.

12. Any person sustaining any damage by reason of any such default or misconduct of any sheriff may bring and maintain an action upon the said covenant or security for such 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 defendent 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. N.W.T., c. 23, s. 12.

13. If upon the trial of any action upon any such cove nant or security it is made to appear that the plaintiff is entitled to 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. N.W.T., c. 23, s. 13.

from liability.

14. Where any such surety actually and bona fide and of When surety his own proper moneys and effects has paid or become liable discharged by virtue of a judgment or judgments recovered 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 became 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. N.W.T., c. 23, s. 14.

15. It shall be competent for the Territorial Court or Stay of proceedings a judge thereof upon proof to the satisfaction of the Court against surety or judge of 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 became surety. N.W.T., c. 23, s.

15.

When judgment

levy to be on

16. Upon every writ of execution under a judgment recovered on such covenant or security the plaintiff or his recovered solicitor shall by an indorsement on the writ direct the upon security coroner or other officer charged with the execution of such sheriff's goods writ to levy the amount thereof upon the goods and chattels first. 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 defendents in such writ and so in like manner with any writ against lands and tenements upon a judgment on any such covenant or security. N.W.T., c. 23, s 16.

takes office.

17. Notwithstanding a sheriff may have forfeited his Sheriff liable office and become liable to be removed therefrom the lia- until successor bility of himself and his sureties shall remain until a new sheriff has been appointed and sworn into office. N.W.T., c. 23, s. 17.

OFFICERS NOT TO PURCHASE AT EXECUTION SALES.

purchase

18. No sheriff, deputy sheriff, bailiff or constable shall Sheriff, etc., directly or indirectly purchase any goods or chattels, lands may not or tenements by him exposed to sale under execution. N. under W.T., c. 23, s. 18.

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execution.

Liability for

execution of

writ.

MISCONDUCT OF BAILIFF OR CONSTABLE.

19. If any bailiff or constable entrusted with the execumisconduct in tion of any writ, warrent, process, mesne or final, wilfully misconducts 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. 23, s. 19.

N.W.T., c.

Restoration of

documents,

Enforcement of return.

20. Every deputy sheriff, bailiff or other sheriff's officer etc., to sheriff. or clerk entrusted with the custody of any writ or process or of any book, paper or document belonging to the said sheriff or his office shall upon demand upon him by such sheriff restore and return such writ, process, book, paper or document to the custody of the said sheriff and in case of any neglect or refusal to return or restore the same as aforesaid the party so neglecting or refusing may be required by an order of the Territorial 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. N.W.T., c. 23, s. 20.

Sheriff's officer to deliver process to sheriff when required.

Provision in

resignation or

21. If any deputy sheriff, bailiff or sheriff's officer shall have in his possession, custody or control any writ of summons, fieri facias or other writ or any bench warrant or process whatsoever and shall upon demand made by the sheriff from whom the same has 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. N.W.T., c. 23, s. 21.

VACANCY IN OFFICE OF SHERIFF, DEPUTY TO ACT.

22. If a sheriff dies, resigns his office and his resicase of death, gnation is accepted or is removed therefrom the deputy removal of sheriff by him appointed shall nevertheless continue the office of sheriff and execute the same and all things belong

sheriff.