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3. No scire facias shall be necessary for the establishment of Crown debts under this Chapter. The lands of the debtor shall be bound in cases of specialties from the date thereof, which date shall be set forth in the proceedings and judgment, and in case of simple contract debts from the time of signing the judgment.
4. In all informations, actions, suits and other legal proceedings instituted before any Court or Tribunal.whatever in this Province, by or on behalf of the Crown, against any Corporation or person in respect of any lands, tenements, or hereditaments, or of any goods or chattels belonging or accruing to the Crown, or in respect of any sum of money due and owing to Her Majesty, the proceeds whereof, or the rents or profits of which said lands, tenements, and hereditaments, shall belong to or form part of the public revenue of this Province, the Attorney General of the Province or other prosecuting officer shall be entitled to recover costs for and on behalf of Her Majesty where judgment shall be given for the Crown, in the same manner and under the same rules, regulations and provisions as are or may be in force relative to the payment or receipt of costs in proceedings between subject and subject; and such costs shall be paid to the Receiver General, and shall become part of the public revenue.
5. If in any such information, action, suit, or other pro. ceeding, judgment shall be given against the Crown, the defendant or defendants shall be entitled to recover costs in like manner and subject to the same rules and provisions as though such proceedings had been between subject and subject; and such costs when taxed by the proper officer, shall be paid by a warrant on the Treasury.
6. It shall be lawful for the Judges of the Supreme Court, from time to time, to make such general rules and orders for regulating the pleading and practice in informations, suits and other proceedings in the Court of Exchequer, and to frame such writs and forms of proceeding as they shall think proper and necessary in order to assimilate the same as near as may be to the practice and proceedings in actions between subject and subject; all such rules and orders shall be published in the Royal Gazette, and on such publication shall be of the like force and effect as though the same had been expressly enacted in this Chapter.
7. The Lieutenant Governor in Council may appoint fit persons to receive any debts due to the Crown which may be transmitted to them for collection, who shall execute bonds to the Queen with security to the satisfaction of the Lieutenant Governor in Council, for a sum in each bond not exceeding two thousand dollars, for the faithful discharge of their duties and the true accounting for all moneys received by them for or on behalf of the Crown.
8. Every Receiver appointed under the last preceding Section shall with all diligence collect such debts and pay the same to the Reciver General, retaining for his services a reasonable commisson (besides costs of proceedings neces. sarily paid or incurred by him), not exceeding the rate of ten dollars on every hundred he may collect, to be allowed by the Lieutenant Governor in Council, but not to exceed in any one year four hundred dollars.
9. When any such debt shall not exceed a sum over which, if the same were due to a subject, a Justice of the Peace would have jurisdiction, the same may be recovered with costs by the Receiver in the name of the Queen, before any Justice under the laws relating to proceedings before Justices in civil suits, in the same manner and with the same force and effect as though the same were an action by one subject for the recovery of a debt due by another subject, and within the jurisdiction of such Justice.
10. If at any time it appears clearly by the books or accounts kept by or in the office of any officer or person employed in the collection or management of the revenue, or in accounting for the same, or by his written acknowledgment or confession that such officer or person hath, by virtue of his office or employment, received public moneys, and amounting to a sum certain, which he hath neglected or refused to pay over to the officer duly appointed to receive the same, and in the manner and at the time lawfully appointed, then upon affi. davit of the facts by any officer cognizant thereof and thereunto authorized by the Governor in Council, made before a Justice or Judge of any Court having jurisdiction in civil matters to the amount of the sum so ascertained as aforesaid, such Justice or Judge shall cause to be issued against and for the sale and seizure of the goods and chattels, lands and tenements of the officer or person so in default as aforesaid, such writ or writs as might have issued out of such Court upon a judgment recovered against such officer or person in the ordinary way in favor of Her Majesty for a like sum, and such writ or writs shall be executed by the Sheriff or other proper officer; and such sum as aforesaid, together with lawful interest thereon from the time such Justice or Judge shall cause such writ or writs to be issued until the same shall be paid, shall be levied under them with costs, and all further proceedings shall be had as if such judgment as aforesaid had been actually obtained.
11. If any officer or person has received public moneys for the purpose of applying it to any specific purpose, and has not so applied it within the time or in the manner provided by law; or if any person having held any public office, and having ceased to hold the same, has in his hands any public moneys received by him as such officer, for the purpose of being applied to any specific purpose to which he has not so applied it, such officer or person shall be deemed to have received such public moneys for the Crown for the uses of this Province, and may be notified by the Receiver General to pay such sum back to the Receiver General, and the same may be recovered from him as a debt due to the Crown, or in any manner in which debts to the Crown may be recover. ed, and an equal sum may in the mean time be applied to the purpose to which such sum ought to have been applied.
12. Notwithstanding any specific remedy given by this Chapter for the collection of any Crown debt, and notwithstanding the jurisdiction given in and by Sections one and nine of this Chapter, it shall be lawful in all cases, whatever may be the amount or nature of the debt due the Crown, which is sought to be collected, for the Attorney General, Crown Officer, or Receiver, proceeding for the recovery of such debt, to proceed in any Court or before any tribunal which he may think most effectual for the purpose, provided however that in no case shall any such action or proceeding be brought or taken in the County Court under Section one of this Chapter, or before a Justice under Section nine, where the debt sought to be recovered is beyond the jurisdiction of such Court or Justice.
13. Nothing in this Chapter shall impair or be construed to take away any other remedy or remedies which the Crown has for recovering or enforcing the payment or delivering of any public moneys or property belonging to the Crown for the public uses of this Province, and in the possession of any officer or person whomsoever by virtue of any other law.
14. In this Chapter the words “public moneys," “ debt due the Crown," or words of a similar import, shall be taken to mean and include all moneys belonging to the Province and all demands due the Province arising from any source whatever.
unds." may restore 6 M be escheated
ESCHEATS AND FORFEITURES. Section.
Section. 1 & 2 Attorney General mav cause 4 Grantee may bring ejectinent.
possession to be taken of, or 5 Governor in Council may release bring ejectment for lands liable rights of Crown in lands liable to to be escheated.
be escheated. 3 Governor in Council may restore 6 May assign personal property.
escheated lands. 1. Whenever any lands tenements or hereditaments situate in this Province, have become liable to be escheated to the Crown by reason of the person last seized thereof or entitled thereto, having died intestate and without lawful heirs, or by reason of the same having been purchased by or for the use of an alien, contrary to any law of this Province, or by reason of the same having become forfeited for any cause except crime, the Attorney General may cause possession of such lands, tenements or hereditaments to be taken in the name of the Crown, or in case possession is withheld, he may cause an action of ejectment to be brought for the recovery thereof, without any inquisition being first necessary.
2. The proceedings in such action of ejectment may be in all respects similar to those in other actions of ejectment.
3. The Lieutenant Governor in Council may make any grant of lands, tenements or hereditaments which have so escheated or become forfeited, or to which Her Majesty may hereafter become entitled by reason of any such escheat or forfeiture as herein mentioned, or of any portion thereof, or of any interest therein, to any person for the purpose of transferring or restoring the same to any person or persons having a moral claim to the property, or upon the person to
whom the same had belonged, or of carrying into effect any disposition thereof which such person may have contemplated, or of rewarding any person making discovery of the escheat or forfeiture, as to the Lieutenant Governor in Council shall seem meet.
4. Any such grant may be made without actual entry or inquisition being first necessary, and although such lands, tenements or hereditaments shall not be in the actual poso session of the Crown, and notwithstanding that some person may claim title thereto adversely to the person whose estates the same had been; and in case possession of the said lands, tenements and hereditaments is withheld, the person to whom such grant is made shall thereupon be entitled to institute in any Court of competent jurisdiction, proceedings for the recorery of said lands, tenements or hereditaments.
5. Where a forfeiture takes place of any lands, tenements, or hereditaments, or of any interest therein as aforesaid, the Lieutenant Governor in Council may waive or release any right which the Crown may thereby have become entitled to, so as by such waiver or release to vest the property either absolutely or otherwise in the persons who would have been entitled thereto but for such forfeiture; and such waiver or release may be either for valuable consideration or otherwise, and may be upon such terms and conditions as to the Lieu. tenant Governor in Council shall seem fit.
6. The Lieutenant Governor in Council may make any assignment of personal property to which the Crown is en. titled by reason of the person last entitled thereto having died intestate or without leaving any kin or other persons entitled to succeed thereto, or by reason of the same having become forfeited or liable to be forfeited to the Crown for any cause except crime, or may make an assignment of any portion of such personal property for the purpose of transferring or restoring the same to any person or persons having a moral claim thereto, or upon the person to whom the same had belonged, or for carrying into effect any disposition thereof which such person may have contemplated, or of rewarding any person making discovery of the escheat or forfeiture, as to the Lieutenant Governor in Council shall seem meet.