Fourth

Session, 46th General Assembly

Elizabeth II, 2011

BILL 11

AN ACT TO AMEND THE

SHERIFF'S ACT, 1991

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

FELIX COLLINS

Minister of Justice and Attorney General

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTE

This Bill would amend subsection

19(6) of the Sheriff's Act, 1991

to reflect the increase in the monetary jurisdiction of the Provincial Court , Small Claims Division

from $5,000 to $25,000.

A BILL

AN ACT TO AMEND THE SHERIFF'S ACT,

Analysis

S.19 Amdt.

Finance

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL1991 c39

as amended

1. Subsection 19(6) of the Sheriff's Act, 1991 is repealed and the following

substituted:

(6) Where the minister is not satisfied of

the applicant's entitlement to the money and refuses to direct the

Minister of Finance to pay it to the applicant, the applicant may, within 15

days of the minister's decision, apply to a judge of

(

a) the Provincial Court , where the amount is

$25,000 or less; or

(

b) the Trial Division, where the amount is

greater than $25,000,

for an order and the judge of the Provincial Court or

the Trial Division may issue an order

(

c) stating that the person is legally

entitled to the money; and

(

d) directing the Minister of Finance to pay

over to the person the money and interest that are set out in the order.

©William E. Parsons, Queen's Printer