Acts and Regulations

S-2 - Sale of Lands Publication Act

Full text
Repealed on 1 December 2019
CHAPTER S-2
Sale of Lands Publication Act
Repealed: 2013, c.32, s.38
Necessity of advertisement
1(1)Where a sale of lands, or interest therein, is to be made
(a) under execution by a Sheriff, or
(b) under decretal order of The Court of Queen’s Bench of New Brunswick or the Court of Appeal, or
(c) under an order to sell of The Probate Court of New Brunswick,
(d) Repealed: 1986, c.73, s.1
and an advertisement or a notification of such sale is necessary and would not otherwise appear in The Royal Gazette, there shall be published in one regular issue of The Royal Gazette within twenty days from the first publication of such advertisement, or from the serving of such notification, a notice of such advertisement or notification in brief form setting forth,
(e) the interest in the lands to be sold, whether freehold, leasehold or otherwise,
(f) the county and the city, town or parish, in which the lands are situate,
(g) the date of the proposed sale,
(h) the name of the newspaper in which such advertisement is inserted, or, if not in a newspaper, the place where such advertisement is posted or the name of the person to whom such notification was given, and
(i) if the sale is to be a proceeding in any Court, the name of the Court,
(j) the name of the suit, matter or estate, giving, if more than one plaintiff or defendant if a suit, or more than one party if a matter, only sufficient to identify such suit or matter.
(k) Repealed: 1986, c.73, s.1
Forms respecting notice
1(2)The notice required by this section shall be sufficient if it contains information in substantially the form given in the forms prescribed by regulation.
Repealed
1(3)Repealed: 1979, c.63, s.1
Necessity of notice in Royal Gazette
1(4)Unless notice of the advertisement of the sale is published in The Royal Gazette, as directed in subsection (1), the sale is not valid.
R.S., c.200, s.1; 1961-62, c.9, s.1; 1966, c.97, s.1; 1979, c.41, s.112; 1979, c.63, s.1; 1983, c.7, s.17; 1986, c.73, s.1; 2005, c.Q-3.5, s.21
Sales occurring before notice  in Royal Gazette required
1.1No sale of lands or interest therein before this section comes into force is invalid because of a failure to comply with subsection 1(4) unless the sale has been declared invalid by a court of competent jurisdiction before this section comes into force.
1986, c.73, s.2
Regulations respecting forms
2The Lieutenant-Governor in Council may make regulations prescribing forms required under this Act.
1973, c.74, s.69
N.B. This Act is consolidated to December 1, 2019.