4(1)Where one of the following conditions exists, namely:

4(2)In the above cases, the absence may be proved by the oath of any person familiar with the facts.

4(3)There shall also be submitted a sworn allegation that there is danger that the property of the debtor or debtors may be removed from the Province or alienated by said debtor or debtors before execution can issue in an ordinary action.

5(1)If a sheriff, through ignorance, takes property claimed by any other person, the person whose property is so taken may, within sixty days after such taking and on affidavit of the facts, apply to a judge for a summons returnable not less than four clear days after service thereof on the sheriff; and on the return thereof the judge shall determine the ownership of the property.

5(2)If the judge finds the property in the claimant, he may order the costs to be paid by the sheriff personally or out of the estate of the debtor, but no other action shall be against the sheriff for the erroneous taking unless it was malicious.

5(3)If the verdict is otherwise the sheriff shall recover his costs, charges and expenses from the claimant by attachment upon the order of the judge.

8(1)Before the expiration of the sixty days mentioned in section 9, the debtor may, by petition under oath, in the form prescribed by regulation, apply to the judge who issued the warrant, and the judge may make an order directing the parties and their witnesses to appear before him that he may hear and determine the matter in a summary way.

8(2)If any witness neglects to appear, the judge on proof of the service of the order and of payment or tender of expenses, may grant an attachment, against him, in the form prescribed by regulation.

8(3)Upon hearing the parties the judge may grant a supersedeas of the warrant, or dismiss the application; and he may award costs to the successful party to be recovered by attachment.

8(4)If the judge grants the supersedeas and certifies that there was probable cause for the proceeding and no malice, the same shall be a bar to any action against the creditor.

9(1)If the debtor does not within sixty days after the publication of the notice, satisfy his creditors, and if the warrant is not superseded, the sheriff shall, within ten days after the expiration of the said sixty days, call a meeting of the creditors to be held in his office, or other convenient place, to be named in the notice, not later than twelve days after the last publication of the notice of such meeting.

9(2)Notice of the meeting shall be published once in The Royal Gazette and once each week for three consecutive weeks in a newspaper published in the county where the debtor resided, and where no newspaper is published in such county then in a newspaper published in the Province and having general circulation in such county, and shall be sent by mail, post paid, to all creditors so far as they can be ascertained by the sheriff.

9(3)The notice calling the first meeting of creditors shall contain a notice that all creditors are required to file their claims, duly proven by affidavit, with the sheriff within sixty days from the date of such notice and that all claims not filed within the time limited, or such further time if any as may be allowed by a judge, shall be wholly barred of any right to share in the proceeds of the estate; and that the sheriff shall be at liberty to distribute the proceeds of the estate as if any claim not filed as aforesaid did not exist, but without prejudice to the liability of the debtor therefor.

9(4)Any claim not filed within the time limited, or any extension as aforesaid, shall be wholly barred of any right to share in the proceeds of the estate, and after the expiration of the time for proving, unless an order extending the time is previously served upon him, and then at the expiration of such extension, the sheriff may distribute the proceeds of the estate as if the claim did not exist, but without prejudice to the liability of the debtor therefor.

10(1)If the debtor within the time limited satisfies the creditors who have filed their respective claims with the sheriff, a judge, on being satisfied by proof that the debtor has so satisfied the creditors, shall grant a supersedeas to such warrant.

10(2)If the debtor claims to have a set-off to any claim so filed, or the amount of any claim or its validity is disputed by the debtor, and the parties are unable to adjust their mutual claims or settle their dispute, a judge may, on application of the debtor at any time before the expiration of the sixty days limited in the notice, grant a summons returnable not less than four clear days after service, and on the return thereof the judge shall determine the rights of the parties.

10(3)If the creditor served does not appear on the return of the summons, the judge, on being satisfied that the same has been duly served on him, his solicitor or agent, may make an order that notwithstanding the claim filed by such party is not satisfied by the debtor a supersedeas to the warrant may be granted, and the same shall be granted accordingly, if no other claim is unsettled, though the sixty days from the notice may have then elapsed.

10(4)The summons, if served on the solicitor of the creditor who instituted the proceedings, shall act as a stay of all further proceedings until it is disposed of.