C-27.1 - Municipal Code of Québec

Section 1117 Disposition versions

2021-11-05

2016-01-01

1999-10-22

1996-05-08

0001-01-01

1117. Such writ is attested and signed by the clerk or prothonotary, sealed with the seal of the court, and addressed to the sheriff of the district in which such municipality is situated, and among other things it enjoins him:

(1)  to levy from the corporation, with all possible despatch, the amount of the debt, with interest, and costs of the judgment as well as of the execution;

(2)  in default of immediate payment by the corporation:

(a)  to apportion the sums to be levied on all taxable property in the municipality liable for such judgment, in proportion to its value, as appears by the valuation roll, with the same powers and obligations, and under the same penalties, as the councils and the secretary-treasurers for whom the sheriff is, de jure, substituted for the levying of such money;

(b)  to make forthwith, if the judgment has been rendered against a county corporation, an apportionment on all the local corporations of the county, and transmit immediately a copy thereof to the office of each of such corporations;

(c)  to prepare without delay, and at the same time as the apportionment in the case mentioned in subparagraph b, according to the rules prescribed by article 1002, a special collection roll for each local municipality in which money must be levied under the authority of such writ;

(d)  to publish such special roll in the municipality in the manner prescribed by article 1007;

(e)  to levy and collect the amounts entered on the special collection roll, in the manner and within the delay prescribed by articles 1007 and 1012;

(f)  to levy such amounts with costs, on the movable property of persons who are bound to pay the same, on their failure so to do, the whole in the manner prescribed by articles 1013 to 1018;

(g)  to sell the immovable property liable for such amounts, in default of their payment, on the first juridical Monday of the following March, or July in the case of a municipality situate in the county of Îles de la Madeleine, in the manner and according to the rules laid down in articles 1021 to 1060, after having given the publications and notices required by Title XXV (articles 1022 to 1060), mutatis mutandis;

(3)  to make a return to the court of the amount levied, and of his proceedings, as soon as the amount of the debt, interest and costs has been collected, or from time to time as the court may order.

M.C. 1916, a. 815.