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C-19 - Cities and Towns Act

Section 461
Disposition versions

Full text
461. The municipality may cause to be sold at auction, by a bailiff, without judicial formalities and after giving the notices required by the Civil Code, any lost or forgotten movables it holds which have not been claimed within 60 days, any movables it holds which are referred to in article 943 of the Civil Code, and any movables without an owner which it collects in its territory.
Vehicles without a motor or in a ruinous state which are left in public places and not claimed within 10 days are presumed to be abandoned and without an owner.
R. S. 1964, c. 193, s. 470; 1968, c. 55, s. 125; 1974, c. 13, s. 36; 1979, c. 36, s. 82; 1985, c. 27, s. 20; 1992, c. 61, s. 125; 1992, c. 57, s. 470; 1999, c. 40, s. 51.
461. The municipality may cause to be sold at auction, by a bailiff, without judicial formalities and after giving the notices required by the Civil Code of Québec, any lost or forgotten movables it holds which have not been claimed within 60 days, any movables it holds which are referred to in article 943 of the Civil Code of Québec, and any movables without an owner which it collects in its territory.
Vehicles without a motor or in a ruinous state which are left in public places and not claimed within 10 days are deemed to be abandoned and without an owner.
R. S. 1964, c. 193, s. 470; 1968, c. 55, s. 125; 1974, c. 13, s. 36; 1979, c. 36, s. 82; 1985, c. 27, s. 20; 1992, c. 61, s. 125; 1992, c. 57, s. 470.
461. The corporation may cause to be sold at auction, by a bailiff, without any judicial proceedings and after the notices required for the sale of movables under writ of execution, the objects, movable effects or other movable property in its possession whose owner cannot be found or which have been abandoned and are not claimed within two months or which are left by dead persons for whose burial the corporation had to provide.
It may likewise sell motor vehicles left in its custody, abandoned or found and unclaimed after 60 days; the time limit is ten days in the case of a vehicle without a motor or fit only for scrap.
If such property be claimed after the sale, the corporation shall be liable only for the proceeds of the sale, after deducting the cost of the sale and other expenses which it may have incurred.
If they cannot be sold because they have no merchantable value, they may be destroyed after publication of similar notices, mutatis mutandis, and if they are claimed after destruction, the corporation shall not be liable for the payment of any indemnity or compensation.
R. S. 1964, c. 193, s. 470; 1968, c. 55, s. 125; 1974, c. 13, s. 36; 1979, c. 36, s. 82; 1985, c. 27, s. 20; 1992, c. 61, s. 125.
461. The corporation may cause to be sold at auction, by a bailiff, without any judicial proceedings and after the notices required for the sale of moveables under writ of execution, the objects, moveable effects or other moveable property in its possession which are unclaimed within two months and which have been abandoned or are the proceeds of theft or have been seized or confiscated by its police officers or are left by dead persons for whose burial the corporation had to provide.
It may likewise sell motor vehicles left in its custody, abandoned or found and unclaimed after sixty days; the time limit is ten days in the case of a vehicle without a motor or fit only for scrap.
If such property be claimed after the sale, the corporation shall be liable only for the proceeds of the sale, after deducting the cost of the sale and other expenses which it may have incurred.
If they cannot be sold because they have no merchantable value or by reason of the illegality of their possession or use, they may be destroyed after publication of similar notices, mutatismutandis, and if they are claimed after destruction, the corporation shall not be liable for the payment of any indemnity or compensation.
R. S. 1964, c. 193, s. 470; 1968, c. 55, s. 125; 1974, c. 13, s. 36; 1979, c. 36, s. 82; 1985, c. 27, s. 20.
461. The corporation may cause to be sold at auction, by a bailiff, without any judicial proceedings and after the notices required for the sale of moveables under writ of execution, the objects, moveable effects or other moveable property in its possession which are unclaimed within two months and which have been abandoned or are the proceeds of theft or have been seized or confiscated by its police officers or are left by dead persons for whose burial the corporation had to provide.
It may likewise dispose of the motor vehicles manufactured more than seven years previously, left in its hands, abandoned or found and unclaimed after a delay of sixty days; the delay is ten days in the case of a vehicle without a motor or fit only for scrap.
If such property be claimed after the sale, the corporation shall be liable only for the proceeds of the sale, after deducting the cost of the sale and other expenses which it may have incurred.
If they cannot be sold because they have no merchantable value or by reason of the illegality of their possession or use, they may be destroyed after publication of similar notices, mutatismutandis, and if they are claimed after destruction, the corporation shall not be liable for the payment of any indemnity or compensation.
R. S. 1964, c. 193, s. 470; 1968, c. 55, s. 125; 1974, c. 13, s. 36; 1979, c. 36, s. 82.
461. The corporation may cause to be sold at auction, by a bailiff, without any judicial proceedings and after the notices required for the sale of moveables under writ of execution, the objects, moveable effects or other moveable property in its possession which are unclaimed within two months and which have been abandoned or are the proceeds of theft or have been seized or confiscated by its police officers or are left by dead persons for whose burial the corporation had to provide.
If such property be claimed after the sale, the corporation shall be liable only for the proceeds of the sale, after deducting the cost of the sale and other expenses which it may have incurred.
If they cannot be sold because they have no merchantable value or by reason of the illegality of their possession or use, they may be destroyed after publication of similar notices, mutatismutandis, and if they are claimed after destruction, the corporation shall not be liable for the payment of any indemnity or compensation.
R. S. 1964, c. 193, s. 470; 1968, c. 55, s. 125; 1974, c. 13, s. 36.
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