Bill 26 (Legislature 4, Session 4)

L4 S4 10065

Alberta — Bills

BILL No. 26 of 1921.

An Act to amend

an Act respecting Extra-Judicial Bmd Other Seizures. (Assented to , 1921.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows:

An Act respecting Extra-Judicial and Other Seizures, being

chapter of the Statutes of Alberta, 1914, is hereby amended as follows: 1. For the purposes of this Act, the expression "private bailiff" means .any person other than a sheriff, deputy sheriff, acting sheriff, assistant sheriff or sheriff's bailiff authorized by warrant to make a seizure and sale under any of the authorities mentioned in

section of this Act.

Section 1: By adding thereto the following words before the word "every" where the same occurs in the first line thereof: "Except as in

section 1a provided." 3. By adding thereto the following

section as

section la: "la. It shall be lawful for any person desiring to distrain or seize any goods and chattels under any of the authorities mentioned in the preceding

section of this Act, by private bailiff so to do, provided he shall have filed with the Attorney General a bond in favour of His Majesty in the rig-,ht of the province satisfactory to and approved by the Attorney General, in a sum of not less than $1,000 nor more than $10,000, conditioned upon the due performance of the office of bailiff by his appointee or appointees. "

(2) The filing and the approval of the said bond shall entitle the person executing the same to distrain. and sell goods and chattels through the agency of private bailiffs for a period of one year from the date of the filin1~ thereof. "

(3) In the event of a person whose goods have been seized or sold recovering a judgment for damages against either the bailiff or the person authorizing the distress, such person shall be entitled to collect the amount of such judgment from the obligors of the bond: "Provided always that such obligors shall be serv.ed with a statement of claim in any such action :md shall be entitled to be added as parties defendant if they so desire, and in the event of an action being taken to collect any such judgment from the obligors of the said bond, they shall be precluded from raising in such nction any question of fact or law determined by the first mentioned action.

" ( 4) Any person distraining by private bailiff shall be entitled to collect costs as allowed by the

schedule to this Act: "Provided always that in no case shall the .amount of the costs with disbursements exceed twenty per cent. of the amount realized. "

(5) The person authorizing the distress or his bailiff shall deliver to the person whose goods are seized llm itemized statement of the costs so retained. If such statement is not delivered then there shall be no costs of the distress or sale; and if there be any overcharge, the person whose goods and chattels have been distrained shall be entitled to a refund of five times the amount of such overcharge. "

(6) The person distraining may before he has appro priated his debt to himself, or the person whoE~e property is being sold may at any time apply to a clerk of the Supreme or District Court for an appointment to tax the costs of the distress and sale. The clerk shall thereupon appoint a place and time for the taxation of the bill of costs, and shall pursuant to such. appointment, tax the same according to the provisions of the Consolidated Rules of the Supreme Court of Alberta for the taxation of costs between party and party." 4. By adding to

section the following provi8o : t.' Provided always that the provisions of this

section shall apply only in a distress for rent where the ren1~ in arrears exceeds two months and in other cases only where the amount involved exceeds $50." No. 26. FOURTH SESSION FOURTH LEGISLATURE GEORGE V BILL

An Act to amend

an Act respecting Extra-Judicial and Other Seizures. Received and read the First time .. , ............... . Second time . . . . . . ... Third time ............... . HoN. J. R. BoYLE. EDMONTON: J. W. JEFFERY, KING's PRINTER. A.D. 1921 Title: 1921 (4th, 4th) Bill 26,

An Act to amend

an Act respecting Extra-Judicial and Other Seizures

Document details

Collection	Alberta — Bills
Citation	L4 S4 10065
Type	bill
Volume / chapter	L4 S4 10065
Language	en
Format	json
Source	PROVINCIAL
Identifier	20d25dd082148acd390766e5384fc4aa13feb5b0

Source file is stored in the law ingest library (json).