C-19 - Cities and Towns Act

Section 595 Disposition versions

2016-01-01

595. Such notice of execution shall be signed by the clerk, sealed with the seal of the court, and addressed to the clerk of the district in which the territory of such municipality is situated, enjoining him, among other things:

(1)  to levy from the municipality, with all possible despatch, the amount of the debt with interest and costs of the judgment as well as of the execution;

(2)  in default of immediate payment by the municipality,—

(a)  to apportion the sums to be levied on all the taxable property in the territory of the municipality, in proportion to its value, as it appears by the valuation roll, with the same powers and under the same obligations and penalties as the council and the clerk, to whom he shall be lawfully substituted for the levying of such money;

(b)  to prepare without time a special collection roll;

(c)  to publish such special roll in the territory of the municipality, in the manner required by section 503;

(d)  to exact and levy the amounts entered on the special collection roll, in the manner and within the time prescribed by sections 503 and 504;

(e)  in default of the payment of such amounts by the persons who are bound so to do, to levy the same with costs, on their movable property, in the manner prescribed by sections 505 to 508, both inclusive;

(f)  to sell the immovable property liable for such amounts in default of their payment, in the same manner and with the same effect as if he were acting under a notice of execution against immovable property issued by the Superior Court of the district;

(3)  to make a return to the court of the amount levied, and of his proceedings, so soon as the amount of the debt, interest and costs has been collected, or from time to time, as the court may order.

R. S. 1964, c. 193, s. 632; 1996, c. 2, s. 207; 1999, c. 40, s. 51; I.N. 2016-01-01 (NCCP).

1999-10-22

595. Such writ shall be attested and signed by the clerk, sealed with the seal of the court, and addressed to the sheriff of the district in which the territory of such municipality is situated, enjoining him, among other things:

(1)  to levy from the municipality, with all possible despatch, the amount of the debt with interest and costs of the judgment as well as of the execution;

(2)  in default of immediate payment by the municipality,—

(a)  to apportion the sums to be levied on all the taxable property in the territory of the municipality, in proportion to its value, as it appears by the valuation roll, with the same powers and under the same obligations and penalties as the council and the clerk, to whom he shall be lawfully substituted for the levying of such money;

(b)  to prepare without time a special collection roll;

(c)  to publish such special roll in the territory of the municipality, in the manner required by section 503;

(d)  to exact and levy the amounts entered on the special collection roll, in the manner and within the time prescribed by sections 503 and 504;

(e)  in default of the payment of such amounts by the persons who are bound so to do, to levy the same with costs, on their movable property, in the manner prescribed by sections 505 to 508, both inclusive;

(f)  to sell the immovable property liable for such amounts in default of their payment, in the same manner and with the same effect as if he were acting under a writ of execution against immovable property issued by the Superior Court of the district;

(3)  to make a return to the court of the amount levied, and of his proceedings, so soon as the amount of the debt, interest and costs has been collected, or from time to time, as the court may order.

R. S. 1964, c. 193, s. 632; 1996, c. 2, s. 207; 1999, c. 40, s. 51.

1996-05-08

595. Such writ shall be attested and signed by the clerk or prothonotary, sealed with the seal of the court, and addressed to the sheriff of the district in which the territory of such municipality is situated, enjoining him, among other things:

(1)  To levy from the municipality, with all possible despatch, the amount of the debt with interest and costs of the judgment as well as of the execution;

(2)  In default of immediate payment by the municipality,—

(a)  To apportion the sums to be levied on all the taxable property in the territory of the municipality, in proportion to its value, as it appears by the valuation roll, with the same powers and under the same obligations and penalties as the council and the clerk, to whom he shall be lawfully substituted for the levying of such money;

(b)  To prepare without delay a special collection roll;

(c)  To publish such special roll in the territory of the municipality, in the manner required by section 503;

(d)  To exact and levy the amounts entered on the special collection roll, in the manner and within the delay prescribed by sections 503 and 504;

(e)  In default of the payment of such amounts by the persons who are bound so to do, to levy the same with costs, on their movable property, in the manner prescribed by sections 505 to 508, both inclusive;

(f)  To sell the immovable property liable for such amounts in default of their payment, in the same manner and with the same effect as if he were acting under a writ of execution against immovable property issued by the Superior Court of the district;

(3)  To make a return to the court of the amount levied, and of his proceedings, so soon as the amount of the debt, interest and costs has been collected, or from time to time, as the court may order.

R. S. 1964, c. 193, s. 632; 1996, c. 2, s. 207.

1977-12-31

595. Such writ shall be attested and signed by the clerk or prothonotary, sealed with the seal of the court, and addressed to the sheriff of the district in which such municipality is situated, enjoining him, among other things:

(1)  To levy from the municipality, with all possible despatch, the amount of the debt with interest and costs of the judgment as well as of the execution;

(2)  In default of immediate payment by the municipality,—

(a)  To apportion the sums to be levied on all the taxable property in the municipality, in proportion to its value, as it appears by the valuation roll, with the same powers and under the same obligations and penalties as the council and the clerk, to whom he shall be lawfully substituted for the levying of such money;

(b)  To prepare without delay a special collection roll;

(c)  To publish such special roll in the municipality, in the manner required by section 503;

(d)  To exact and levy the amounts entered on the special collection roll, in the manner and within the delay prescribed by sections 503 and 504;

(e)  In default of the payment of such amounts by the persons who are bound so to do, to levy the same with costs, on their moveable property, in the manner prescribed by sections 505 to 508, both inclusive;

(f)  To sell the immoveable property liable for such amounts in default of their payment, in the same manner and with the same effect as if he were acting under a writ of execution against immoveable property issued by the Superior Court of the district;

(3)  To make a return to the court of the amount levied, and of his proceedings, so soon as the amount of the debt, interest and costs has been collected, or from time to time, as the court may order.

R. S. 1964, c. 193, s. 632.