P-15 - Summary Convictions Act

Section 61 Disposition versions

1988-08-31

61. A judgment is executed as a judgment rendered in a civil matter, and the rules relating to the civil execution of judgments apply, except those provided for in Book VIII of the Code of Civil Procedure (chapter C-25), subject to the following exceptions:

(a)  the collector of the court of the place where judgment was made is charged with the execution thereof and acts as seizing creditor;

(b)  the service of a writ of seizure by garnishment may be made by registered or certified mail;

(c)  notwithstanding the first paragraph of article 589 and the first paragraph of article 662 of the Code of Civil Procedure, where the collector acts as seizing creditor, no advances to cover the costs of custody or the disbursements rendered necessary by the execution may be required from the seizing officer.

Subject to section 64.1, the seizure proceedings emanate from the Court of Québec and from the Superior Court according to the amounts involved.

R. S. 1964, c. 35, s. 58; 1969, c. 21, s. 35; 1982, c. 32, s. 9; 1988, c. 21, s. 66.

1983-01-01

61. A judgment is executed as a judgment rendered in a civil matter, and the rules relating to the civil execution of judgments apply, except those provided for in Book VIII of the Code of Civil Procedure (chapter C-25), subject to the following exceptions:

(a)  the collector of the court of the place where judgment was made is charged with the execution thereof and acts as seizing creditor;

(b)  the service of a writ of seizure by garnishment may be made by registered or certified mail;

(c)  notwithstanding the first paragraph of article 589 and the first paragraph of article 662 of the Code of Civil Procedure, where the collector acts as seizing creditor, no advances to cover the costs of custody or the disbursements rendered necessary by the execution may be required from the seizing officer.

Subject to section 64.1, the seizure proceedings emanate from the Provincial Court and from the Superior Court according to the amounts involved.

R. S. 1964, c. 35, s. 58; 1969, c. 21, s. 35; 1982, c. 32, s. 9.

1977-12-31

61. (1)  Whenever a justice of the peace, upon any information or complaint, adjudges the accused to be imprisoned, and the accused is then in a house of detention undergoing imprisonment upon conviction for any other offence, the warrant of commitment for the subsequent offence shall be forthwith delivered to the gaoler or other officer to whom it is directed.

(2)  The justice of the peace who issued the same, if he thinks fit, may prescribe and order therein that the imprisonment for the subsequent offence shall commence at the expiration of the term of imprisonment to which the accused was previously sentenced.

R. S. 1964, c. 35, s. 58; 1969, c. 21, s. 35.