C-14 - Railway Act

Section 185 Disposition versions

1977-12-31

185. (1)  If the company or person or persons in default, or any other company, do not resume the construction, maintenance, administration, operating, and working of the road, for the purpose of bona fide continuing and completing the same, and, if the sequestrator has not the means at his disposal for continuing them, the Minister of Transport may, in his discretion, present a petition to the competent court or judge, thirty days’ notice whereof shall be served upon the company, person or persons in default, by leaving a copy at its head office, with mention of the time and place at which it will be presented, and, upon such petition, such court or judge may order the sheriff of the district to seize and sell the road, the immoveables used for the road and the rolling-stock.

(2)  The sheriff shall execute such order by following the same rules as in the case of a writ of execution against immoveable property, and shall make a return thereof to the Superior Court.

(3)  All subsequent proceedings, including the distribution of moneys, shall be had before the Superior Court, and shall be the same and have the same effect as those relating to compulsory sales of immoveables.

R. S. 1964, c. 290, s. 202; 1972, c. 55, s. 115.