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I-14 - The Education Act for Cree, Inuit and Naskapi Native Persons

Section 456
Disposition versions

Full text
456. (1)  Any commissioner or secretary-treasurer, after dismissal or retirement from office, or any other person, who retains, keeps or takes possession of or refuses to deliver up any sum of money, register, book, paper or other article belonging to a school board, shall be liable, for each day during which he retains, appropriates or refuses to deliver such sum of money, register, book, paper or other article, to a fine of not less than $5 nor more than $20, from the day following that upon which the notice mentioned in subsection 2 of this section has been served upon him.
(1.1)  The school board may, in accordance with article 10 of the Code of Penal Procedure (chapter C-25.1), institute penal proceedings under subsection 1.
Upon conviction, the judge may order the return to the board of any sum of money, register, book or article pertaining to the proceedings.
Prior notice of an application for return shall be given by the prosecutor to the defendant.
(2)  Before instituting the proceedings, notice shall be given by the Minister to the person who retains the sum of money or article above-mentioned, ordering him to deposit or deliver the same within a specified time into the hands of the person indicated in such notice. Such notice shall be served by a bailiff upon the person withholding such money or other article, at his domicile, and the said bailiff shall make his return of such service.
(3)  (Subsection repealed).
R. S. 1964, c. 235, s. 503; 1974, c. 13, s. 36; 1990, c. 4, s. 521; 1989, c. 36, s. 279; 1990, c. 35, s. 16; 1992, c. 61, s. 366; 1999, c. 40, s. 159.
456. (1)  Any commissioner or secretary-treasurer, after dismissal or retirement from office, or any other person, who retains, keeps or takes possession of or refuses to deliver up any sum of money, register, book, paper or other article belonging to a school board, shall be liable, for each day during which he retains, appropriates or refuses to deliver such sum of money, register, book, paper or other article, to a fine of not less than $5 nor more than $20, from the day following that upon which the notice mentioned in subsection 2 of this section has been served upon him.
(1.1)  The school corporation may, in accordance with article 10 of the Code of Penal Procedure (chapter C-25.1), institute penal proceedings under subsection 1.
Upon conviction, the judge may order the return to the corporation of any sum of money, register, book or article pertaining to the proceedings.
Prior notice of an application for return shall be given by the prosecutor to the defendant.
(2)  Before instituting the proceedings, notice shall be given by the Minister to the person who retains the sum of money or article above-mentioned, ordering him to deposit or deliver the same within a specified time into the hands of the person indicated in such notice. Such notice shall be served by a bailiff upon the person withholding such money or other article, at his domicile, and the said bailiff shall make his return of such service.
(3)  (Subsection repealed).
R. S. 1964, c. 235, s. 503; 1974, c. 13, s. 36; 1990, c. 4, s. 521; 1989, c. 36, s. 279; 1990, c. 35, s. 16; 1992, c. 61, s. 366.
456. (1)  Any commissioner or secretary-treasurer, after dismissal or retirement from office, or any other person, who retains, keeps or takes possession of or refuses to deliver up any sum of money, register, book, paper or other article belonging to a school board, shall be liable, for each day during which he retains, appropriates or refuses to deliver such sum of money, register, book, paper or other article, to a fine of not less than $5 nor more than $20, from the day following that upon which the notice mentioned in subsection 2 of this section has been served upon him. Such suit shall be instituted by the school board interested.
(2)  Before instituting the proceedings, notice shall be given by the Minister to the person who retains the sum of money or article above-mentioned, ordering him to deposit or deliver the same within a specified time into the hands of the person indicated in such notice. Such notice shall be served by a bailiff upon the person withholding such money or other article, at his domicile, and the said bailiff shall make his return of such service.
(3)  When rendering judgment, the judge may make an order for the return of any sum of money, register, book, paper or other article hereinabove referred to.
R. S. 1964, c. 235, s. 503; 1974, c. 13, s. 36; 1990, c. 4, s. 521; 1989, c. 36, s. 279; 1990, c. 35, s. 16.
456. (1)  Any school commissioner, trustee or secretary-treasurer, after dismissal or retirement from office, or any other person, who retains, keeps or takes possession of or refuses to deliver up any sum of money, register, book, paper or other article belonging to a school corporation, shall be liable, for each day during which he retains, appropriates or refuses to deliver such sum of money, register, book, paper or other article, to a fine of not less than $5 nor more than $20, from the day following that upon which the notice mentioned in subsection 2 of this section has been served upon him. Such suit shall be instituted by the school corporation interested.
(2)  Before instituting the proceedings, notice shall be given by the Minister to the person who retains the sum of money or article above-mentioned, ordering him to deposit or deliver the same within a specified time into the hands of the person indicated in such notice. Such notice shall be served by a bailiff upon the person withholding such money or other article, at his domicile, and the said bailiff shall make his return of such service.
(3)  When rendering judgment, the judge may make an order for the return of any sum of money, register, book, paper or other article hereinabove referred to.
R. S. 1964, c. 235, s. 503; 1974, c. 13, s. 36; 1990, c. 4, s. 521.
456. (1)  Any school commissioner, trustee or secretary-treasurer, after dismissal or retirement from office, or any other person, who retains, keeps or takes possession of or refuses to deliver up any sum of money, register, book, paper or other article belonging to a school corporation, shall be liable, for each day during which he retains, appropriates or refuses to deliver such sum of money, register, book, paper or other article, to a fine of not less than $5 nor more than $20, from the day following that upon which the notice mentioned in subsection 2 of this section has been served upon him. Such suit shall be instituted by the school corporation interested, which, in the same action, may pray for the return of the moneys, registers, books, papers or other articles above-mentioned.
(2)  Before suing for such fine, notice shall be given by the Minister to the person who retains the sum of money or article above-mentioned, ordering him to deposit or deliver the same within a specified time into the hands of the person indicated in such notice. Such notice shall be served by a bailiff upon the person withholding such money or other article, at his domicile, and the said bailiff shall make his return of such service.
(3)  Such fine shall be considered as a personal debt, and the person upon whom it is inflicted may be condemned to be imprisoned, in default of payment of the fine, or in case of refusal or neglect to return the said sum of money, registers, books, papers or other articles or any of them, until he has conformed to the judgment.
R. S. 1964, c. 235, s. 503; 1974, c. 13, s. 36.
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