Bill 19 (Legislature 11, Session 5)

L11 S5 6816

Alberta — Bills

Bill No. 19 of 1952. A BILL TO AMEND THE EXECUTION CREDITORS ACT. NOTE. This Bill amends The Execution Creditors Act, being

chapter of the Revised Statutes of Alberta,

Section 8, subsection (2), clause (

a) and sections and are each amended by the addition of an express reference to solicitors of litigants. These sectio.ns deal with payment out of moneys in the hands of the sheriff. The sheriff's dealings are normally with the solicitors of the parties involved. The amendment makes it clear that the sheriff is entitled to pay moneys in his hands to. these so.licitors.

Where a solicitor is a,cting on behalf of a party, the money in the hands of the sheriff usually includes the solicitor's costs and disbursements which he has already paid o.n his client's behalf, and it is a matter of convenience that these disbursements should be repaid directly to him. It is also a customary business practice to pay moneys to. a solicitor on behalf of his client. Such funds are kept in trust acco.unts and The Law SQciety o.f Alberta maintains an Assurance Fund fQr the protection of the public.

Sectio.n 25, subsectio.n (1) i.s amended to. make it conform to. the amendment to The District Courts Act, giving the District Courts jurisdiction up to. Qne thousand do.llars. This Bill co.mes into. force upo.n assent. KENNETH A. MCKENZIE, Legislative Counsel. (This note does not forrn any part of the Bill but is offered in explanation of its provisions.) BILL No. 19 of 1952.

An Act to amend The Execution Creditors Act. (Assented to , 1952.) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Execution Creditors Act, being

chapter of the Revised Statutes of Alberta, 1942, is hereby amended.

Section 8, subsection (2) is amended by adding at the

Section end of clause (

a) the words "or to their solicitors". amended 3.

Section is amended,- (

a) by renumbering the

section as subsection (1); (

b) by adding immediately after subsection (1) the following new subsection: "

(2) Where a sheriff is disbursing money re ceived in respect of an execution he may pay the same to the execution creditor or to the solicitor of the execution creditor.".

Section amended 4.

Section is amended by adding immediately after

Section the words "the sheriff shall pay such costs to that creditor" amended the words "or his solicitor".

Section 25, subsection (1) is amended by striking out

Section 2:j the words "six hundred" and by substituting the words amended "one thousand". 6. This Act shall come into force on the day upon which ~oming it is assented to. mto force No. 19. FIFTH SESSION ELEVENTH LEGffiLATURE Elizabeth II BILL An A.ct to amend The Execution Creditors Act. Received and read the First time ............ . Second time ....................................... . Third time ......................................... . HON. MR. MAYNARD. Title: 1952 (11th, 5th) Bill 19,

An Act to amend The Execution Creditors Act

Document details

Collection	Alberta — Bills
Citation	L11 S5 6816
Type	bill
Volume / chapter	L11 S5 6816
Language	en
Format	json
Source	PROVINCIAL
Identifier	7cd70f9677eb8fc0588c498a4ff6ccc5d530c72c

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