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RSNL1990 CHAPTER J–6

JUSTICES ACT

Amended:

CHAPTER J-6

AN ACT RESPECTING JUSTICES OF THE PEACE

Analysis



Short title

        1. This Act may be cited as the Justices Act.

RSN1970 c188 s1

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Definitions

        2. In this Act

             (a)  "district" means the district or area prescribed and delimited by the Attorney General, in and over which a Provincial Court judge ordinarily exercises his or her functions;

             (b)  "justice" means a Justice of the Peace.

RSN1970 c188 s2; 1979 c38 s7; 1983 c76 s7

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Appointment of justices

        3. (1) Justices shall be appointed for a district by the Attorney General and the Attorney General shall make the appointment only after full inquiry into the character, ability and reputation of the person proposed.

             (2)  The Attorney General shall submit to the Provincial Court judge for the district the name of the person proposed and shall obtain his or her views before making an appointment.

1983 c76 s7

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Number of justices limited

        4. The Attorney General shall fix a quota of justices for each district, arranged by towns or settlements, and so long as the quota is complete, no new appointment, other than a temporary appointment, shall be made except in case of a vacancy in the town or settlement concerned.

RSN1970 c188 s5; 1979 c38 s7; 1983 c76 s7; 1986 c42 Sch B

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Removal of justices

        5. (1) A justice, other than a justice who is a justice by virtue of his or her office, who stops living in the district in which he or she is appointed to act shall cease to be a justice.

             (2)  The Attorney General may revoke the appointment of a justice for cause.

1983 c76 s7

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Appointment completed

        6. (1) The appointment of a justice shall be complete upon the justice taking the oath or affirmation of office, which shall be taken in open court before a Provincial Court judge or 2 justices.

             (2)  The judge or justices shall report to the Attorney General that the oath or affirmation has been taken before him or her or them.

RSN1970 c188 s9; 1979 c38 s7; 1983 c76 s7

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Jurisdiction of justices

        7. A process issued by a justice shall be valid and effective throughout the province without being backed by a justice of another district.

RSN1970 c188 s10

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Temporary justices

        8. The Attorney General may appoint temporary justices for a special purpose for periods of 6 months and in relation to the appointment may make those inquiries that he or she may consider necessary.

1983 c76 s7