Acts and Regulations

P-17.1 - Probate Court Act

Section 12
Disposition versions

Full text
Appointment of clerks and deputy clerks
12(1)The Lieutenant-Governor in Council may appoint for each judicial district a suitable person as clerk, who shall perform and exercise within that judicial district all the duties, powers and authority of clerk prescribed by this Act and the regulations made hereunder.
12(2)The Minister of Justice may appoint deputy clerks for each judicial district who may perform the duties and exercise all the powers and authority of clerks during the period for which such appointment is made or, where the appointment is not for a definite period, until such appointment is countermanded, and the provisions of subsections (3) and (4) apply, mutatis mutandis, to deputy clerks.
12(3)Each person appointed in accordance with subsection (1) shall be called “Clerk of the Probate Court of New Brunswick for the Judicial District of                                                                                ” and is entitled to receive on behalf of the Province the fees prescribed by regulation under this Act and the tax payable under this Act.
12(4)A clerk shall be paid for all services performed by him such fees as the Lieutenant-Governor in Council may prescribe.
12(5)Every clerk and every deputy clerk, before entering upon the duties of his office, shall take and subscribe the following oath or make and subscribe the following affirmation:
“I, __________________, do swear (or solemnly affirm) that I will diligently and faithfully execute the office of clerk (or deputy clerk) of the Probate Court of New Brunswick, and that I will not knowingly permit or suffer any alteration, obliteration or destruction to be made or done, of any will or testamentary paper, or other document or paper committed to my charge.” (In the case where an oath is taken add “So help me God”)
before a judge of the Court and a certificate of the oath or affirmation having been duly administered and signed by that judge shall be endorsed on the commission of that clerk, and the clerk shall not be deemed to be appointed until the oath or affirmation is administered and the certificate thereof endorsed as aforesaid.
1983, c.68, s.4; 1999, c.29, s.1; 2006, c.16, s.143; 2012, c.39, s.116; 2016, c.37, s.149; 2019, c.2, s.115; 2020, c.25, s.87; 2022, c.28, s.42
Appointment of clerks and deputy clerks
12(1)The Lieutenant-Governor in Council may appoint for each judicial district a suitable person as clerk, who shall perform and exercise within that judicial district all the duties, powers and authority of clerk prescribed by this Act and the regulations made hereunder.
12(2)The Minister of Justice and Public Safety may appoint deputy clerks for each judicial district who may perform the duties and exercise all the powers and authority of clerks during the period for which such appointment is made or, where the appointment is not for a definite period, until such appointment is countermanded, and the provisions of subsections (3) and (4) apply, mutatis mutandis, to deputy clerks.
12(3)Each person appointed in accordance with subsection (1) shall be called “Clerk of the Probate Court of New Brunswick for the Judicial District of                                                                                ” and is entitled to receive on behalf of the Province the fees prescribed by regulation under this Act and the tax payable under this Act.
12(4)A clerk shall be paid for all services performed by him such fees as the Lieutenant-Governor in Council may prescribe.
12(5)Every clerk and every deputy clerk, before entering upon the duties of his office, shall take and subscribe the following oath or make and subscribe the following affirmation:
“I, __________________, do swear (or solemnly affirm) that I will diligently and faithfully execute the office of clerk (or deputy clerk) of the Probate Court of New Brunswick, and that I will not knowingly permit or suffer any alteration, obliteration or destruction to be made or done, of any will or testamentary paper, or other document or paper committed to my charge.” (In the case where an oath is taken add “So help me God”)
before a judge of the Court and a certificate of the oath or affirmation having been duly administered and signed by that judge shall be endorsed on the commission of that clerk, and the clerk shall not be deemed to be appointed until the oath or affirmation is administered and the certificate thereof endorsed as aforesaid.
1983, c.68, s.4; 1999, c.29, s.1; 2006, c.16, s.143; 2012, c.39, s.116; 2016, c.37, s.149; 2019, c.2, s.115; 2020, c.25, s.87
Appointment of clerks and deputy clerks
12(1)The Lieutenant-Governor in Council may appoint for each judicial district a suitable person as clerk, who shall perform and exercise within that judicial district all the duties, powers and authority of clerk prescribed by this Act and the regulations made hereunder.
12(2)The Minister of Justice may appoint deputy clerks for each judicial district who may perform the duties and exercise all the powers and authority of clerks during the period for which such appointment is made or, where the appointment is not for a definite period, until such appointment is countermanded, and the provisions of subsections (3) and (4) apply, mutatis mutandis, to deputy clerks.
12(3)Each person appointed in accordance with subsection (1) shall be called “Clerk of the Probate Court of New Brunswick for the Judicial District of                                                                                ” and is entitled to receive on behalf of the Province the fees prescribed by regulation under this Act and the tax payable under this Act.
12(4)A clerk shall be paid for all services performed by him such fees as the Lieutenant-Governor in Council may prescribe.
12(5)Every clerk and every deputy clerk, before entering upon the duties of his office, shall take and subscribe the following oath or make and subscribe the following affirmation:
“I, __________________, do swear (or solemnly affirm) that I will diligently and faithfully execute the office of clerk (or deputy clerk) of the Probate Court of New Brunswick, and that I will not knowingly permit or suffer any alteration, obliteration or destruction to be made or done, of any will or testamentary paper, or other document or paper committed to my charge.” (In the case where an oath is taken add “So help me God”)
before a judge of the Court and a certificate of the oath or affirmation having been duly administered and signed by that judge shall be endorsed on the commission of that clerk, and the clerk shall not be deemed to be appointed until the oath or affirmation is administered and the certificate thereof endorsed as aforesaid.
1983, c.68, s.4; 1999, c.29, s.1; 2006, c.16, s.143; 2012, c.39, s.116; 2016, c.37, s.149; 2019, c.2, s.115
Appointment of clerks and deputy clerks
12(1)The Lieutenant-Governor in Council may appoint for each judicial district a suitable person as clerk, who shall perform and exercise within that judicial district all the duties, powers and authority of clerk prescribed by this Act and the regulations made hereunder.
12(2)The Minister of Justice and Public Safety may appoint deputy clerks for each judicial district who may perform the duties and exercise all the powers and authority of clerks during the period for which such appointment is made or, where the appointment is not for a definite period, until such appointment is countermanded, and the provisions of subsections (3) and (4) apply, mutatis mutandis, to deputy clerks.
12(3)Each person appointed in accordance with subsection (1) shall be called “Clerk of the Probate Court of New Brunswick for the Judicial District of                                                                                ” and is entitled to receive on behalf of the Province the fees prescribed by regulation under this Act and the tax payable under this Act.
12(4)A clerk shall be paid for all services performed by him such fees as the Lieutenant-Governor in Council may prescribe.
12(5)Every clerk and every deputy clerk, before entering upon the duties of his office, shall take and subscribe the following oath or make and subscribe the following affirmation:
“I, __________________, do swear (or solemnly affirm) that I will diligently and faithfully execute the office of clerk (or deputy clerk) of the Probate Court of New Brunswick, and that I will not knowingly permit or suffer any alteration, obliteration or destruction to be made or done, of any will or testamentary paper, or other document or paper committed to my charge.” (In the case where an oath is taken add “So help me God”)
before a judge of the Court and a certificate of the oath or affirmation having been duly administered and signed by that judge shall be endorsed on the commission of that clerk, and the clerk shall not be deemed to be appointed until the oath or affirmation is administered and the certificate thereof endorsed as aforesaid.
1983, c.68, s.4; 1999, c.29, s.1; 2006, c.16, s.143; 2012, c.39, s.116; 2016, c.37, s.149
Appointment of clerks and deputy clerks
12(1)The Lieutenant-Governor in Council may appoint for each judicial district a suitable person as clerk, who shall perform and exercise within that judicial district all the duties, powers and authority of clerk prescribed by this Act and the regulations made hereunder.
12(2)The Minister of Justice may appoint deputy clerks for each judicial district who may perform the duties and exercise all the powers and authority of clerks during the period for which such appointment is made or, where the appointment is not for a definite period, until such appointment is countermanded, and the provisions of subsections (3) and (4) apply, mutatis mutandis, to deputy clerks.
12(3)Each person appointed in accordance with subsection (1) shall be called “Clerk of the Probate Court of New Brunswick for the Judicial District of                                                                                ” and is entitled to receive on behalf of the Province the fees prescribed by regulation under this Act and the tax payable under this Act.
12(4)A clerk shall be paid for all services performed by him such fees as the Lieutenant-Governor in Council may prescribe.
12(5)Every clerk and every deputy clerk, before entering upon the duties of his office, shall take and subscribe the following oath or make and subscribe the following affirmation:
“I, __________________, do swear (or solemnly affirm) that I will diligently and faithfully execute the office of clerk (or deputy clerk) of the Probate Court of New Brunswick, and that I will not knowingly permit or suffer any alteration, obliteration or destruction to be made or done, of any will or testamentary paper, or other document or paper committed to my charge.” (In the case where an oath is taken add “So help me God”)
before a judge of the Court and a certificate of the oath or affirmation having been duly administered and signed by that judge shall be endorsed on the commission of that clerk, and the clerk shall not be deemed to be appointed until the oath or affirmation is administered and the certificate thereof endorsed as aforesaid.
1983, c.68, s.4; 1999, c.29, s.1; 2006, c.16, s.143; 2012, c.39, s.116
Appointment of clerks and deputy clerks
12(1)The Lieutenant-Governor in Council may appoint for each judicial district a suitable person as clerk, who shall perform and exercise within that judicial district all the duties, powers and authority of clerk prescribed by this Act and the regulations made hereunder.
12(2)The Minister of Justice and Consumer Affairs may appoint deputy clerks for each judicial district who may perform the duties and exercise all the powers and authority of clerks during the period for which such appointment is made or, where the appointment is not for a definite period, until such appointment is countermanded, and the provisions of subsections (3) and (4) apply, mutatis mutandis, to deputy clerks.
12(3)Each person appointed in accordance with subsection (1) shall be called “Clerk of the Probate Court of New Brunswick for the Judicial District of                                                                                ” and is entitled to receive on behalf of the Province the fees prescribed by regulation under this Act and the tax payable under this Act.
12(4)A clerk shall be paid for all services performed by him such fees as the Lieutenant-Governor in Council may prescribe.
12(5)Every clerk and every deputy clerk, before entering upon the duties of his office, shall take and subscribe the following oath or make and subscribe the following affirmation:
“I, __________________, do swear (or solemnly affirm) that I will diligently and faithfully execute the office of clerk (or deputy clerk) of the Probate Court of New Brunswick, and that I will not knowingly permit or suffer any alteration, obliteration or destruction to be made or done, of any will or testamentary paper, or other document or paper committed to my charge.” (In the case where an oath is taken add “So help me God”)
before a judge of the Court and a certificate of the oath or affirmation having been duly administered and signed by that judge shall be endorsed on the commission of that clerk, and the clerk shall not be deemed to be appointed until the oath or affirmation is administered and the certificate thereof endorsed as aforesaid.
1983, c.68, s.4; 1999, c.29, s.1; 2006, c.16, s.143