51Power of registrars of Magistrates Court (Civil Division) to make replevin and deliverance

51 Power of registrars of Magistrates Court (Civil Division) to make replevin and deliverance

(1)  [Section 51 Subsection (1) amended by No. 13 of 2012, s. 39, Applied:30 May 2012] It shall be lawful for the registrar of the Magistrates Court (Civil Division) held at or conveniently near to the place where any goods or chattels have been distrained for rent to make replevin and deliverance of such distress in any case where by law replevin and deliverance may be made.

(2)  Before such deliverance is made, the registrar shall take in his name from the person to whom such replevin is granted and 2 sufficient sureties a bond in double the value of the property distrained (such value to be ascertained by the oath of one or more credible and disinterested witness or witnesses, which oath the registrar is hereby authorized to administer), conditioned for commencing within one month from the date of such bond, and prosecuting with effect and without delay, an action for the taking and detaining the property distrained and for returning such property in case a return shall be awarded.

(3)  The registrar shall, at the request of the avowant or person making cognizance, assign such bond to the avowant or person making cognizance, by endorsing the same and attesting it under his hand in the presence of 2 or more witnesses, and, if the bond so taken and assigned be forfeited, the avowant or the person making cognizance may bring an action and recover thereupon in his own name, and the court where such action shall be brought may give such relief to the parties upon such bond as may be agreeable to justice and reason, and the judgment of the said court shall have the nature and effect of a defeasance of such bond.

(4)  The registrar may issue all necessary process in connection with any replevin granted by him, and such process shall be executed by the bailiff of his court.

(5)  *[Section 51 Subsection (5) amended by No. 55 of 1965, s. 5 ]*The registrar shall be entitled to demand and receive for the making of every replevin and the taking of the bond thereon a fee of $1, and for the making of every such assignment a fee of 25 cents.

(6)  *[Section 51 Subsection (6) amended by No. 51 of 1985, s. 4 and Sched. 2, Part II ]*In all cases in which any distress is made at any place distant more than 32 kilometres from the office of the sheriff or of a deputy-sheriff, or of any such registrar as aforesaid, any justice may grant replevin of the goods and chattels distrained in the same manner and subject to the same conditions as the registrar may grant the same.