S-7 - Sheriffs’ Act

Updated to 22 October 1999

This document has official status.

chapter S-7

Sheriffs’ Act

1. Sheriffs shall be responsible to all persons for the acts of their deputies or other employees acting under them, where such deputies or other employees are appointed by them.

R. S. 1964, c. 27, s. 1; 1999, c. 40, s. 272.

2. Every sheriff shall have the selection of the bailiffs to be employed by and to act for him in the several districts of Québec.

R. S. 1964, c. 27, s. 2.

3. In the service and execution of writs of summons, of execution and other civil process, the custody and safe-keeping of goods and chattels under seizure, and the receipt, safe-keeping and payment of all moneys levied by them under any writ of execution, the several sheriffs of Québec shall be liable to the same extent in the same cases, as any bailiff, guardian, or receiver of deposits (huissier, gardien or receveur de consignations) would have been liable under the laws of Canada, before the year 1759.

R. S. 1964, c. 27, s. 3.

4. Every sheriff shall, on the first juridical day of every term of the Superior Court in the district for which he is sheriff, place before the court an accurate and detailed statement and account, upon oath, of all moneys in his hands received by him as sheriff, when and from whom received, and of all orders and judgments directing any moneys to be paid by him since his last account rendered, specifying to whom the said moneys are or were payable, of all moneys paid by him as sheriff within the said period and to whom paid, and of all moneys remaining unpaid though ordered and adjuged to be paid, and of the reasons why the same have not been paid.

The said statements and accounts shall be deposited and remain among the public records of the court, and shall be entered in a register, which shall be kept for that purpose by the clerk of the Superior Court.

R. S. 1964, c. 27, s. 4.

5. Every person who has been or has acted as sheriff for any district, and the heirs, executors, curators and other legal representatives of any such person, shall forthwith deliver and surrender unto the sheriff of such district all deeds of sale of immovables, which have been made by such person as sheriff, or transmitted to him by his predecessor in office, and all writs, public books, registers and papers appertaining to the office of sheriff, as the case may be, in matters of a civil nature, in his possession, custody or power (judgments of distribution, receipts and vouchers for the payment of money and other legal acquittances and discharges and rules for the discharge of prisoners always excepted), together with a list of such deeds, writs, books, registers and other papers, duly attested upon oath by the person delivering the same.

R. S. 1964, c. 27, s. 8.

6. Every person having been or having acted as sheriff, and every legal representative of such late sheriff, who refuses or wilfully neglects to deliver and surrender all such deeds of sale, writs, books, registers and other papers, with such list thereof, shall forfeit $2,000.

R. S. 1964, c. 27, s. 9; 1992, c. 61, s. 566.

7. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 27 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter S-7 of the Revised Statutes.