|This is an unofficial archived version of The Sheriffs Act|
as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. S100
The Sheriffs Act
|Table of Contents|
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
There shall be a chief sheriff for the province and a sheriff and one or more deputy sheriffs for each judicial centre, and the sheriff of a judicial centre may be the chief sheriff for the province.
The appointment of chief sheriff, sheriffs and deputy sheriffs shall be made
(a) by the Lieutenant Governor in Council, in the case of a sheriff or deputy sheriff who is to be paid wholly by fees; and
(b) as provided in The Civil Service Act, in all other cases.
The chief sheriff, sheriffs and deputy sheriffs appointed under this section shall,
(a) as may be prescribed by the Lieutenant Governor in Council, discharge the duties of, and hold, any office authorized by law;
(b) discharge all the duties connected with their respective offices, and also such other duties as may be assigned to them or appertain to their respective offices by law; and
(c) subject to this Act, be paid a salary, fees, or other remuneration as provided by law.
The chief sheriff for the province has the authority of a sheriff for a judicial centre.
Each sheriff for each judicial centre has authority throughout the province.
No person shall execute any of the duties of the office of sheriff or deputy sheriff until he has given or furnished security to Her Majesty for the payment or making good of all loss which may result from any default, malfeasance, misfeasance, non-feasance, dishonesty, or neglect of duty committed by him.
The security furnished by or on behalf of any sheriff or deputy sheriff shall enure as well for the benefit of Her Majesty as for the benefit of any person who suffers loss or damage resulting from any default, malfeasance, misfeasance, nonfeasance, dishonesty, or neglect of duty, committed by the sheriff or deputy sheriff.
The sheriff may appoint, and has control of, the constables at the sittings of the Court of Queen's Bench and other courts at which the attendance of the sheriff is required.
The sheriff may appoint bailiffs and other officers to act for him from time to time in his bailiwick.
Subject to this section, each sheriff shall be paid by the fees which are allowed to him by law.
The Lieutenant Governor in Council may order that a sheriff be paid by salary or partly by salary and partly by fees, in which case the fees to the extent provided in the order shall be held to the use of Her Majesty under The Law Fees Act.
The Lieutenant Governor in Council may fix a salary or fees to be paid by the government to a deputy sheriff or a bailiff: otherwise the remuneration of the deputy sheriff or bailiff shall be paid by the sheriff.
The Lieutenant Governor in Council may fix and determine the fees and allowances to be paid by the government to sheriffs.
Every sheriff shall keep in his office,
(a) process books, in which shall be entered a memorandum of every process (other than writs of execution, or writs in the nature of writs of execution) received by the sheriff, the court out of which the process issued, the date of the receipt, the nature of the process, the names of the parties thereto, the solicitor or attorney by whom issued, the date of the return and the nature of the return made thereto or what was thereunder or therewith done respectively;
(b) execution books, in which shall be entered a memorandum of every writ of execution or writ in the nature of a writ of execution, the court out of which the writ issued, the names of the parties thereto, the solicitor or attorney by whom issued, the date of return and nature of the return made thereto or what was done thereunder or therewith;
(c) a cash record, approved in form by the Minister of Finance, in which shall be entered all cash received or paid away by the sheriff in his official capacity, or in connection with his office, for any service whatever, for fees, poundage, service of process and papers, attendance at court, moneys levied under execution or under writs in the nature of writs of execution or otherwise, the date of the receipt or payment, the cause, matter or service in which, or on account of which, it was received or paid away;
(d) such other books as the Lieutenant Governor in Council may require.
Where a sheriff is directed by the court to perform any service or do any act for which no fee is provided, the sheriff may be allowed such fee as the court thinks fit; and it shall be payable as the court directs.
No sheriff is obliged to receive a statement of claim, writ, or any other process, unless the fees allowed to him by the tariff for receiving, entering, and returning the statement of claim, writ, or other process and a reasonable sum for mileage are paid.
All books, accounts, records, papers, writs, warrants, processes, moneys, and other matters and things, in the possession, or under the control, of any sheriff by virtue of, or appertaining to, his office as sheriff, are the property of the Crown for the use of the Government of Manitoba; and they and every of them shall, immediately upon the resignation, removal from office or death of any such sheriff, be, by the party in whose possession or control they come or happen to be, handed over to, and taken possession of by, the successor in office of that sheriff, or such person as the Lieutenant Governor in Council appoints to receive them.
Any person having or holding any of the books, accounts, records, papers, writs, warrants, processes, money, or other matter who, upon demand by the successor in office of the sheriff resigning, being removed from office or dying, or the person appointed by the Lieutenant Governor in Council to receive them, neglects or refuses to hand them over to the successor or person appointed, is guilty of an offence and is liable, on summary conviction, to a fine of not less than $10. and not more than $50.
Any sheriff, after resigning office or removal from office, or his heirs, executors, or administrators, at any and at all time or times, may have access to search and examine into any or all accounts, books, papers, writs, warrants, and processes of whatever kind, and all other matters and things that were formerly in possession of the sheriff before his resignation or removal, and that, at the time of making or requiring to make the search or examination, are in the possession or control of the succeeding sheriff or the then sheriff, free of all costs, charges and expenses.
Where a deputy sheriff, bailiff, or sheriffs officer has in his possession, custody, or control any book, paper, or document belonging to the sheriff or his office, or any statement of claim, writ of fieri facias, or other writ or any bench warrant or process whatsoever, and upon demand made by the sheriff from whom it was received or a successor in office, or by any other party entitled to the possession of it, neglects or refuses to deliver it up, the sheriff or his successor in office or any other party entitled to the possession of it may apply to the Court of Queen's Bench or a judge thereof for an order to compel the production and delivery thereof.
The application shall be made by notice of motion served on the person from whom production and delivery is required at least two days before the return date of the application.
On the application the court or a judge may make an order directing the production and delivery of the book, paper, document, statement of claim, writ of fieri facias, or other writ, bench warrant or process at such time, and in such manner, as to the court or a judge seems right, and may order the costs of and incidental to the application to be paid by the parties thereto and in such manner as the court or a judge thinks right.
The order may be enforced as an order or judgment of the court.
After the expiration of one month from the date of service of his bill of costs, fees and expenses against a solicitor, the sheriff may apply to the Court of Queen's Bench or a judge thereof for an order for payment of the bill of costs, fees and expenses.
The application shall be made by notice of motion stating the amount of the bill of costs, fees and expenses and served on the solicitor at least eight days before the return date of the application.
On the application the court or a judge may
(a) without reference order the payment to the sheriff of the amount demanded or any smaller amount;
(b) order that the bill of costs, fees and expenses be referred to one of the taxing officers of the court for taxation, and, if necessary, reserve the matter for further directions:
(c) order that the costs of and incidental to the application and reference, if any, be paid as the court or a judge thinks proper;
(d) by order fix the amount of the costs of and incidental to the application and reference, if any, without taxation as the court or a judge thinks proper;
(e) order that the sheriff or the solicitor respectively pay what may be found due to the other after the reference, if any, or as the court or a judge directs;
(f) order that no action be brought pending the hearing of the application or the reference for taxation;
(g) make such other or further order as to the court or a judge seems proper.
At the expiration of eight days from the date of the order, or if the order so provides from the date of the certificate of the taxing officer, the amount found due him by the order or certificate of taxation may be entered by the person entitled to payment, as judgment of the court in his favour.
If any sheriff or sheriffs bailiff or officer takes levies, or receives any moneys, fees, or charges with respect to any official duty performed by him in excess of what is allowed by law, he may be summoned before the Court of Queen's Bench or a judge thereof.
Upon a complaint being made on affidavit setting forth the facts according to the belief of the deponent, the court or a judge may order the issue of a summons directed to the sheriff, bailiff, or officer.
Where, upon the hearing of the complaint, the court or a judge finds that the sheriff, bailiff, or officer has wilfully taken, levied, or received any moneys, fees, or charges in excess of what is allowed by law, the court or the judge shall order that the sheriff, bailiff, or officer, forthwith or within a limited time not exceeding one month, pay into court treble the amount of the moneys, fees, or charges so taken, levied, or received, and the costs of proceedings, as between attorney and client.
In default of the payment the court or a judge shall commit the sheriff, bailiff, or officer, to a common gaol for a period of not less than two or more than six months.
Where the moneys are so paid in, they shall be paid out to the person aggrieved.