Acts and Regulations

E-10 - Escheats and Forfeitures Act

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Repealed on 10 February 2015
CHAPTER E-10
Escheats and Forfeitures Act
Repealed: R.S.N.B. 2014, Schedule A.
Possession of escheated land
1When any lands, tenements or hereditaments situate in this Province have become liable to be escheated to the Crown by reason of the person last seised thereof or entitled thereto having died intestate and without lawful heirs, or by reason of the same having become forfeited for any cause, the Attorney General may cause possession of such lands, tenements or hereditaments to be taken in the name of the Crown, or in case possession is withheld he may cause an action to be brought for the recovery thereof, without any inquisition being first necessary.
R.S., c.73, s.1; 1981, c.6, s.1
Recovery of escheated lands by Crown
2The proceedings in such action may be in all respects similar to those in other actions for the recovery of land.
R.S., c.73, s.2
Grant of escheated lands to persons morally entitled
3The Lieutenant-Governor in Council may make any grant of lands, tenements or hereditaments that have so escheated or become forfeited, or to which the Crown may hereafter become entitled by reason of any such escheat or forfeiture as herein mentioned, or of any portion thereof, or of any interest therein, to any person for the purpose of transferring or restoring the same to any person or persons having a moral claim to the property, or upon the person to whom the same had belonged, or of carrying into effect any disposition thereof that such person may have contemplated, or of rewarding any person making discovery of the escheat or forfeiture, as to the Lieutenant-Governor in Council seems meet.
R.S., c.73, s.3
Deed of escheated lands to persons entitled
4Any such grant may be made without actual entry or inquisition being first necessary, and although the lands, tenements or hereditaments are not in the actual possession of the Crown, and notwithstanding that some person may claim title thereto adversely to the person whose estates the same had been; and if possession of the said lands, tenements and hereditaments is withheld, the person to whom such grant is made is thereupon entitled to institute proceedings for the recovery of said lands, tenements or hereditaments.
R.S., c.73, s.4
Relief from forfeiture
5Where a forfeiture takes place of any lands, tenements or hereditaments, or of any interest therein as aforesaid, the Lieutenant-Governor in Council may waive or release any right that the Crown may thereby have become entitled to, so as by such waiver or release to vest the property either absolutely or otherwise in the persons who would have been entitled thereto but for such forfeiture; and such waiver or release may be either for valuable consideration or otherwise, and may be upon such terms and conditions as to the Lieutenant-Governor in Council seems fit.
R.S., c.73, s.5
Grant of escheated personalty to persons entitled
6The Lieutenant-Governor in Council may make any assignment of personal property to which the Crown is entitled by reason of the person last entitled thereto having died intestate or without leaving any kin or other persons entitled to succeed thereto, or by reason of the same having become forfeited or liable to be forfeited to the Crown for any cause, or may make an assignment of any portion of such personal property for the purpose of transferring or restoring the same to any person having a moral claim thereto, or upon the person to whom the same had belonged, or for carrying into effect any disposition thereof that such person may have contemplated, or of rewarding any person making discovery of the escheat or forfeiture, as to the Lieutenant-Governor in Council seems meet.
R.S., c.73, s.6
Sale of escheated personalty by Crown
7(1)Where by any law in force in the Province personal property is forfeited to the Crown, the Minister of Finance may sell the same, either by public auction or private sale.
7(2)The proceeds of any such sale shall become part of the Consolidated Fund.
R.S., c.73, s.7; O.C.67-164
N.B. This Act is consolidated to February 9, 2015.