Acts and Regulations

C-37 - Crown Debts Act

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Repealed on 1 September 2011
CHAPTER C-37
Crown Debts Act
Repealed: R.S.N.B. 2011, Schedule A
“Public money” and “debt due the Crown” defined
1In this Act “public money”, “debt due the Crown”, or words of similar import include all money belonging to the Province, and all demands due the Province arising from any source whatever.
R.S., c.52, s.1
Power of Attorney General to bring action
2The Attorney General may proceed in The Court of Queen’s Bench of New Brunswick at the suit of the Queen against a Crown debtor, for the recovery of a debt or demand due the Crown.
R.S., c.52, s.2; 1967, c.38, s.2; 1979, c.41, s.33; 1981, c.6, s.1
Form of procedure
3The proceedings in an action under section 2 and for the enforcement of a judgment thereon shall be as nearly as possible the same as in an action between subject and subject in The Court of Queen’s Bench of New Brunswick.
R.S., c.52, s.3; 1979, c.41, s.33
Date from which action binds lands of debtor
4No scire facias is necessary to establish a Crown debt under this Act, but the lands of the debtor are bound in the case of specialties from the date thereof, which date shall be set forth in the pleadings and judgment, and in the case of simple contract debts from the time of signing the judgment.
R.S., c.52, s.4
Costs
5(1)In legal proceedings instituted by or on behalf of the Queen against any person in respect of lands, tenements or hereditaments, or of goods or chattels belonging or accruing to the Crown, or in respect of any sum of money due the Crown, the proceeds whereof, or the rents or profits of which lands, tenements and hereditaments, shall belong to or form part of the public revenue of the Province, costs shall be awarded to Her Majesty when judgment is given for the Crown in the same manner and under the same provisions as apply in proceedings between subject and subject; and such costs shall be paid to the Minister of Finance and become part of the Consolidated Fund.
5(2)If in any such proceeding judgment is given against the Crown, the defendant is entitled to costs in like manner as in proceedings between subject and subject; and such costs, when taxed shall be paid by warrant on the treasury.
R.S., c.52, s.5, 6; O.C.68-516
Procedure respecting making of rules
6(1)The judges of The Court of Queen’s Bench of New Brunswick may make such rules and orders for regulating the pleadings and practice in informations, actions, and other proceedings by the Crown as they think proper, in order to assimilate the pleadings and practice as nearly as possible to the practice and proceedings in actions between subject and subject.
Form of procedure
6(2)The procedure in actions between subjects applies except where it is altered by any rules made under subsection (1).
6(3)Repealed: 1983, c.8, s.8
R.S., c.52, s.7; 1979, c.41, s.33; 1983, c.8, s.8
Appointment of receiver
7The Lieutenant-Governor in Council may appoint fit persons to receive debts due the Crown when transmitted to them for collection, which persons shall execute bonds to the Queen with security to the satisfaction of the Lieutenant-Governor in Council.
R.S., c.52, s.8
Duties of receiver
8Every receiver appointed under section 7 shall with all diligence collect such debts and pay all money collected to the Minister of Finance, retaining for his services such commission, in addition to costs of proceedings necessarily paid or incurred by him, not exceeding the rate of ten dollars on every hundred he may collect, as may be allowed by the Lieutenant-Governor in Council, but not to exceed in any one year the sum of four hundred dollars.
R.S., c.52, s.9; O.C.68-516
Default by receiver
9Where it appears clearly by the accounts kept by or in the office of a person employed in the collection or management of the revenue, or in accounting for the same, or by his written acknowledgement, that the person has by virtue of his office or employment received public money amounting to a sum certain that he has neglected or refused to pay over to the officer duly appointed to receive the money, and in the manner and at the time lawfully appointed, then, upon affidavit of the facts by an officer cognizant thereof and thereunto authorized by the Lieutenant-Governor in Council, made before a judge of any court having jurisdiction in civil matters to the amount of the sum, the judge shall cause to be issued against and for the sale and seizure of the goods and chattels, lands and tenements of the person so in default as aforesaid, such writ or writs as might have issued out of that court upon a judgment recovered against that person in the ordinary way in favour of Her Majesty for a like sum, and such writ or writs shall be executed by the sheriff or other proper officer; and such sum with lawful interest thereon from the time the judge causes such writ or writs to be issued until the same are paid shall be levied under them, with costs, and all further proceedings shall be had as if such judgment as aforesaid had been actually obtained.
R.S., c.52, s.11
Default by receiver
10If a person receives public money to be applied to a specific purpose, and does not so apply it within the time or in the manner provided by law; or if a person, having held any public office, ceases to hold that office and has in his hands public money received by him as such officer to be applied to a specific purpose to which he has not so applied it, that person shall be deemed to have received such public money for the Crown and may be notified by the Minister of Finance to pay such money to the Minister of Finance and the money may be recovered from him as a debt due the Crown, and an equal sum may in the meantime be applied to the purpose to which the money ought to have been applied.
R.S., c.52, s.12; O.C.68-516
Courts in which Crown may proceed with action
11Notwithstanding anything hereinbefore contained, the Attorney General, Crown officer or receiver may proceed for the recovery of any debt due the Crown in any court having jurisdiction in civil matters.
R.S., c.52, s.13; 1967, c.38, s.2; 1979, c.41, s.33; 1981, c.6, s.1
Saving of existing Crown remedies
12Nothing herein affects any other remedy that the Crown has by virtue of any other law for recovering or enforcing the payment or delivery of public money or property belonging to the Crown in possession of any person.
R.S., c.52, s.14
N.B. This Act is consolidated to September 1, 2011.