Acts and Regulations

93-154 - Sheriffs Act

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NEW BRUNSWICK
REGULATION 93-154
under the
Sheriffs Act
(O.C. 93-693)
Filed September 2, 1993
Under section 15 of the Sheriffs Act, the Lieutenant-Governor in Council makes the following Regulation:
1This Regulation may be cited as the Sheriff’s Fees Regulation - Sheriffs Act.
2The following fees, exclusive of all reasonably incurred disbursements, are payable to sheriffs:
(a) on receipt by a sheriff of any document for service
(i) on one person or on more than one person in the same action or proceeding served at the same time..............$ 75.00
(ii) on each additional person in the same action or proceeding but not served at the same time..............$ 30.00
(b) on filing of each order, certificate or writ or renewal of an order, a certificate or a writ that the sheriff is required to enforce..............$ 75.00
(c) for each attempt to enforce an order other than an Order for Seizure and Sale or similar order, certificate or writ..............$ 75.00
(d) for a sheriff’s deed..............$150.00
(e) for each postponement of a sale..............$ 50.00
(f) for interpleader by a sheriff..............$200.00
(g) for all work performed by a sheriff in conducting an auction, other than a sale in execution of an Order for Seizure and Sale or similar order, certificate or writ..............$100.00
(h) for a certificate as a result of a search of a sheriff’s records
(i) for one or two names..............$ 10.00
(ii) for each additional name..............$  5.00
(i) for a search of a sheriff’s records not made by a sheriff, per search, per name..............$  5.00
(j) for all work performed by a sheriff where a creditor has instructed the sheriff to execute an Order for Seizure and Sale or similar order, certificate or writ and where
(i) there has been no settlement and no payment to the sheriff by the debtor, the sheriff has not determined that the order, certificate or writ cannot be executed and the creditor withdraws the order, certificate or writ before any sale is held..............$ 50.00
(ii) there has been a settlement at least fourteen days after the sheriff demanded payment from the debtor or there has been a settlement after seizure but before any sale is held,
(A) $200.00 plus
(B) 5% of the amount of the settlement that exceeds $3000.00, to a maximum fee of $500.00, which amount of settlement shall be established by an affidavit filed with the sheriff and given by the creditor or the solicitor of the creditor when it is less than the amount to be paid under the order, certificate or writ,
(iii) there has been a payment to the sheriff by the debtor before any sale is held,
(A) $200.00 plus
(B) 5% of the amount of the payment that exceeds $3000.00, to a maximum fee of $500.00,
(iv) a sale has been held by the sheriff,
(A) $400.00 plus
(B) 10% of the net proceeds of the sale that exceed $3000.00, to a maximum fee of $1,000.00.
3In the case of an order relating to arrest or attachment a judge may waive payment of the fee provided in paragraph 2(c).
4A sheriff shall be entitled to all reasonable disbursements, exclusive of mileage and meals, incurred in carrying out the duties required of the sheriff’s office.
5New Brunswick Regulation 82-98 under the Sheriffs Act is repealed.
6This Regulation comes into force on October 1, 1993.
N.B. This Regulation is consolidated to June 30, 1998.