Acts and Regulations

S-8 - Sheriffs Act

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Repealed on 10 February 2015
CHAPTER S-8
Sheriffs Act
Repealed: R.S.N.B. 2014, Schedule A.
Definitions
1In this Act
“deputy sheriff” does not include a sheriff’s officer;(shérif adjoint)
“judicial district” means a judicial district for the Trial Division of The Court of Queen’s Bench of New Brunswick, as defined under the Judicature Act;(circonscription judiciaire)
“Minister” means the Minister of Justice and includes any person designated by the Minister to act on the Minister’s behalf.(Ministre)
1966, c.26, s.1; 1968, c.54, s.1; 1971, c.64, s.1; 1988, c.11, s.27; 1988, c.42, s.1; 2000, c.26, s.266; 2002, c.21, s.1; 2006, c.16, s.166; 2012, c.39, s.137
Appointment of sheriffs
2(1)The Lieutenant-Governor in Council may appoint persons as sheriffs for the Province.
2(2)The Lieutenant-Governor in Council may appoint a sheriff as Chief Sheriff for the Province.
2(3)The Lieutenant-Governor in Council may appoint one or more persons as deputy sheriffs for the Province.
2(4)All persons appointed under subsections (1) and (2) are subject to the Civil Service Act.
2(5)On the order of the Lieutenant-Governor in Council, any person appointed under subsection (3) may be subject to the Civil Service Act.
1971, c.64, s.1; 1988, c.42, s.2
Application of Financial Administration Act
2.01All persons appointed under section 2 are subject to the provisions of sections 5 and 6 of the Financial Administration Act.
1982, c.60, s.1; 1987, c.6, s.105
Designation of district sheriff
2.1(1)The Minister may designate a sheriff to be a regional sheriff who shall have, subject to the direction of the Chief Sheriff, general supervision of the sheriffs, deputy sheriffs and sheriff’s officers within one or more regions designated by the Minister and such other duties and powers as may be assigned by the Minister or by the Chief Sheriff.
2.1(2)The Minister may designate a sheriff to be the sheriff for a judicial district and may designate the same person sheriff for more than one judicial district.
2.1(3)The Minister may designate a deputy sheriff to be a deputy sheriff for a judicial district and may designate the same person deputy sheriff for more than one judicial district.
2.1(4)No designation made under this section affects the jurisdiction of a regional sheriff, sheriff or deputy sheriff to act anywhere in the Province.
1981, c.72, s.1; 1988, c.42, s.3
Sheriff responsible for the county
2.2(1)Where in any Act, regulation, rule, order, by-law, proclamation, agreement or other instrument or document reference is made to “the sheriff responsible for the county” or there is a similar reference, the reference shall be read as a reference to the sheriff for the judicial district in which the county in question is situated.
2.2(2)Where a reference described in subsection (1) relates to a county situated in more than one judicial district, the reference means,
(a) where the provision clearly relates to a location that is in the county and is situated in only one judicial district, the sheriff for that judicial district, or
(b) where the provision does not clearly relate to a location that is in the county and is situated in only one judicial district, the sheriff for one of the judicial districts.
1988, c.42, s.4
Replacement of Chief Sheriff or Sheriff
3(1)The Minister may designate a sheriff to be the Deputy Chief Sheriff for the Province, who shall perform such duties as may be assigned by the Minister or by the Chief Sheriff and who, when the position of Chief Sheriff is vacant or when the Chief Sheriff is unable to act by reason of interest, illness, absence or any other cause, shall perform the duties and exercise the powers of the Chief Sheriff.
3(2)When the position of Deputy Chief Sheriff is vacant or the Deputy Chief Sheriff is unable to act by reason of interest, illness, absence or other cause, the Chief Sheriff may designate a regional sheriff or a sheriff to perform the duties and exercise the powers of the Deputy Chief Sheriff.
3(3)When a regional sheriff position is vacant or a regional sheriff is unable to act by reason of interest, illness, absence or other cause, the Chief Sheriff may designate the Deputy Chief Sheriff, a regional sheriff or a sheriff to perform the duties and exercise the powers of the regional sheriff.
3(4)When a sheriff position is vacant or a sheriff is unable to act by reason of interest, illness, absence or other cause, the Chief Sheriff may designate the Deputy Chief Sheriff, a regional sheriff, a sheriff or a deputy sheriff to perform the duties and exercise the powers of the sheriff.
3(5)A designation made under subsection (2), (3) or (4) is valid for the time specified in the designation or until the designation is revoked by the Chief Sheriff, whichever occurs first.
1971, c.64, s.1; 1988, c.42, s.5
Duties of Chief Sheriff
4The Chief Sheriff
(a) is responsible to the Minister for the administration of this Act;
(b) shall act in a supervisory capacity with respect to the Deputy Chief Sheriff, regional sheriffs, sheriffs, deputy sheriffs and sheriff’s officers; and
(c) shall perform such other duties with respect to the office of Deputy Chief Sheriff or the office of regional sheriff, sheriff, deputy sheriff or sheriff’s officer throughout the Province as the Lieutenant-Governor in Council may direct by regulation.
1971, c.64, s.1; 1982, c.60, s.2; 1988, c.42, s.6
Repealed
5Repealed: 1988, c.42, s.7
1971, c.64, s.1; 1988, c.42, s.7
Repealed
6Repealed: 1985, c.4, s.63
1966, c.26, s.2; 1985, c.4, s.63
Sheriffs ex officio licenced auctioneers
7(1)The Chief Sheriff, Deputy Chief Sheriff, and every regional sheriff, sheriff and deputy sheriff are ex officio licensed auctioneers under the Auctioneers License Act.
Fees respecting auction
7(2)The Chief Sheriff, Deputy Chief Sheriff, or a regional sheriff, sheriff or deputy sheriff when holding an auction shall charge the fees prescribed by regulation under this Act.
1967, c.64, s.1; 1968, c.54, s.2; 1988, c.42, s.8
Sheriffs exofficio Commissioners
8The Chief Sheriff, Deputy Chief Sheriff, and every regional sheriff, sheriff and deputy sheriff are ex officio commissioners for taking affidavits to be read in The Court of Queen’s Bench of New Brunswick under the Commissioners For Taking Affidavits Act.
1968, c.54, s.3; 1979, c.41, s.114; 1988, c.42, s.9
Sheriffs ex officio coroners
9The Chief Sheriff, Deputy Chief Sheriff and every regional sheriff, sheriff and deputy sheriff are ex officio coroners for the Province.
1971, c.64, s.2; 1975, c.58, s.1; 1988, c.42, s.10
Residency respecting the Sheriff of Saint John County
10Notwithstanding anything in the Charter of The City of Saint John, it is not necessary for the sheriff for the Judicial District of Saint John to be a freeholder or inhabitant of the City or to reside within three miles of the court house in the City.
1966, c.26, s.3; 1988, c.42, s.11
Sheriff’s officer
11(1)The Chief Sheriff may appoint a person to be a sheriff’s officer for one or more specified purposes during a specified period of time and a sheriff’s officer while carrying out the specified purposes of the appointment has only the duties and powers of a sheriff necessary to carry out the specified purposes of the appointment.
11(2)An appointment under subsection (1) may be extended to additional specified purposes and may be renewed for further periods.
11(3)Before performing any of the duties or exercising any of the powers of sheriff, a sheriff’s officer shall
(a) take an oath, or
(b) make an affirmation,
as follows:
I, ..............,
of ..............
in the County of ..............,
do swear (or solemnly affirm) that I will faithfully, impartially and honestly perform the duties and exercise the powers and authority of a sheriff’s officer to the best of my ability. (In the case where an oath is taken, add “so help me God”.)
1971, c.64, s.3; 1983, c.4, s.22; 1988, c.42, s.12
Liability of solicitor and client and payment of disbursements
12The solicitor who issues a process and the party on whose behalf he is acting are severally liable to the sheriff for executing it.
1966, c.26, s.4
Liability of solicitor and client and payment of disbursements
13The sheriff is not bound to effect service, execution or seizure of or under any process of a Court unless, if demanded by him, all reasonably anticipated disbursements are first paid to the sheriff, or an undertaking satisfactory to the sheriff is given therefor, by the solicitor issuing the process.
1970, c.45, s.1
Limitation of actions
14Notwithstanding that a process of a court or order of a judge is adjudged invalid, void or voidable, if the Chief Sheriff, Deputy Chief Sheriff or a regional sheriff, sheriff, deputy sheriff or sheriff’s officer
(a) has done nothing more than obey the terms of the process or order, and
(b) acts without malice,
no person shall bring an action against the Chief Sheriff, Deputy Chief Sheriff, regional sheriff, sheriff, deputy sheriff or sheriff’s officer for having taken, detained in custody, imprisoned or discharged from custody any person under the process or order.
1966, c.26, s.5; 1988, c.42, s.13
Regulations
15The Lieutenant-Governor in Council may make regulations
(a) prescribing sheriff’s fees and allowances not otherwise provided by law;
(b) designating areas in which sheriffs and deputy sheriffs are to reside;
(c) prescribing the duties of the Chief Sheriff and regulating the duties of regional sheriffs, sheriffs, deputy sheriffs and sheriff’s officers; and
(d) generally for the better administration of this Act.
1968, c.54, s.4; 1971, c.64, s.4; 1988, c.42, s.14
N.B. This Act is consolidated to February 9, 2015.