2.2(1)A judgment creditor who has obtained a money judgment may register a notice of judgment in the Registry in accordance with the regulations under the Personal Property Security Act.

2.2(2)Registration of a notice of judgment is effective for the period of years specified in the registration to a maximum of twenty years after the date of the judgment to which the registration relates.

2.2(3)A registration may be amended or renewed by registering an amendment or renewal of the notice of judgment at any time before the registration expires but the registration shall not have an aggregate registration life of more than twenty years after the date of the judgment to which the registration relates.

2.2(4)A judgment creditor shall discharge the registration of a notice of judgment within thirty days after the judgment is satisfied or within thirty days after the occurrence of any other event as a result of which there is no longer a subsisting judgment.

2.2(5)Where a judgment creditor fails or refuses to comply with subsection (4), the judgment debtor or any other person with an interest in the exigible personal property of the debtor or the attachable debts of the debtor may give a written demand to the judgment creditor to discharge the registration within fifteen days after the demand is given.

2.2(6)If a judgment creditor fails to comply with a demand under subsection (5) within fifteen days after it is given or fails to give to the person giving the demand an order of the Court confirming that the registration need not be discharged, the person giving the demand may register the discharge.

2.2(7)On application by the judgment creditor or judgment debtor or any other person with an interest in the exigible personal property or attachable debts of the debtor, the Court may order that a registration of a notice of judgment be maintained on any condition and for any period of time or may order that the registration be discharged.

2.2(8)No fee or expense shall be charged by a judgment creditor for compliance with a demand under this section.

2.3(1)Personal property of a judgment debtor shall not be bound except by registration of a notice of judgment in accordance with subsection 2.2(1).

2.3(2)Registration of a notice of judgment binds all of the judgment debtor’s non-exempt exigible personal property on registration and all non-exempt exigible personal property acquired by the judgment debtor after registration from the time of its acquisition.

2.3(3)Registration of a notice of judgment binds all non-exempt attachable debts owing to the judgment debtor on or after registration from the time the debt becomes an attachable debt except as against the person who owes the debt to the judgment debtor.

2.3(4)Registration of a notice of judgment binds the personal property of the judgment debtor only while the judgment is a subsisting judgment.

2.3(5)Subject to this section, an interest acquired in personal property that is bound by a registration of a notice of judgment is subordinate to the interest of

2.3(6)A person to whom personal property bound by a notice of judgment is transferred has priority as against the persons referred to in subsection (5) in the same circumstances that a transferee of personal property subject to a security interest perfected by registration has priority as against the secured party under subsections 30(1) to 30(4), subsections 30(6) and 30(8) and section 31 of the Personal Property Security Act, and those provisions apply with the necessary modifications.

2.3(6.1)If personal property that is bound by a notice of judgment is investment property as defined in the Personal Property Security Act,

2.3(7)For the purposes of subsection 20(1) of the Personal Property Security Act and subject to section 22 of that Act, the non-exempt exigible personal property of a judgment debtor and the non-exempt attachable debts of a judgment debtor are bound by registration of a notice of judgment notwithstanding that the security interest referred to in subsection 20(1) of the Personal Property Security Act attached before the notice of judgment was registered.

2.3(8)A lien on goods bound by registration of a notice of judgment that arises as a result of the provision in the ordinary course of business of materials or services in respect of the goods has priority over the interest of the judgment creditor in the goods.

2.3(9)An enforcement proceeding for the purpose of enforcing a money judgment shall not be commenced until a notice of judgment has been registered in the Registry in relation to the judgment.

2.3(10)Where an interest acquired in personal property that is bound by registration of a notice of judgment is subordinate to the interest of a judgment creditor,

2.3(11)Personal property of a judgment debtor that is bound by the registration of a notice of judgment is bound for the amount of the judgment, costs and accrued interest less any amounts received by the judgment creditor.

2.3(12)An interest in personal property is not subordinate to the interest of a judgment creditor who has registered a notice of judgment by reason only that the interest is subordinate to the interest of another judgment creditor who has registered a notice of judgment but nothing in this section creates any priority as between judgment creditors who have registered notices of judgment.

2.3(13)A judgment creditor is not entitled to share in the proceeds of a levy by the sheriff against the personal property of the judgment debtor under this Act unless the creditor has registered a notice of judgment under subsection 2.2(1).

2.3(14)In applying the provisions of this Act for the purposes of determining the entitlement of creditors to share in the proceeds of a levy by the sheriff, a reference to an execution or certificate or the delivery of an execution or certificate to the sheriff shall be construed as a reference to a registered notice of judgment or the registration of a notice of judgment, unless the context otherwise requires.

2.3(15)Where a notice of judgment has been registered, the judgment creditor, the judgment debtor or any other person with an interest in personal property of the judgment debtor may apply to the Court for an order determining whether or not any item or kind of personal property is exempt, exigible or an attachable debt.

2.3(16)A person referred to in subsection (15) may amend the registration of the notice of judgment to disclose the particulars of the order made under that subsection.

2.4(1)A notice of claim may be registered in the Registry in accordance with the regulations under the Personal Property Security Act by

2.4(2)The commencement of any enforcement proceeding under any of the Acts referred to in subsection (1) does not prejudice the interest of a person to whom personal property that is the subject of the enforcement proceeding is transferred without knowledge until a notice of claim in relation to the enforcement proceeding is registered under subsection (1).

2.4(3)If a notice of claim is registered under subsection (1),

2.5(1)Property that is exempt from an enforcement proceeding is not bound by the registration of a notice of judgment under subsection 2.2(1).

2.5(2)For the purpose of subsection (1), property that is exempt from seizure under section 58 of the Personal Property Security Act is property exempt from an enforcement proceeding.

4(1)Where a sheriff levies money upon an execution against the property of a debtor issued out of The Court of Queen’s Bench of New Brunswick and the amount endorsed to levy is seven hundred and fifty dollars or more, he shall forthwith enter in a book to be kept in his office, open to public inspection without charge, a notice stating that the levy has been made, and the amount thereof, and the money shall thereafter be distributed rateably amongst all execution creditors and other creditors whose writs, or certificates given under this Act, were in the sheriff’s hands at the time of the levy, or who delivered their writs or certificates to the sheriff within one month from the entry of notice; subject, however, to the provisions hereinafter contained as to the retention of dividends in the case of contested claims and to the payment of the costs of the creditor under whose execution the money was levied.

4(2)The notice shall state the day upon which it was entered, and may be in the form prescribed by regulation.

4(3)Subsections (1) and (2) do not apply to money received by a sheriff as the proceeds of a sale of property by him under an interpleader order; but, upon the determination of the interpleader issue in favour of the creditors, the money, whether in the sheriff’s hands or in court pending the trial of the issue, shall be distributed by the sheriff among the creditors contesting the adverse claim.

4(4)Where proceedings are taken by the sheriff or other officer for relief under any provisions relating to interpleader, those creditors only who are parties thereto and who agree to contribute pro rata, in proportion to the amount of their executions or certificates, to the expense of contesting any adverse claim are entitled to share in any benefit that may be derived from the contestation of the claim, so far as may be necessary to satisfy their executions or certificates.

4(5)The court or judge may direct that one creditor shall have the carriage of all interpleader proceedings on behalf of all creditors interested, and the costs thereof, as between solicitor and client, are a first charge upon the money or goods that may be found by the proceedings to be applicable upon the executions or certificates.

4(6)“Adverse claim” in subsection (4) means any claim to contest which an interpleader issue is directed; and upon an interpleader application the court or judge has discretion to allow the other creditors who desire to take part in the contest a reasonable time in which to place their executions in the sheriff’s hands, upon such terms as to costs and otherwise as may be just and reasonable.

4(7)Where the sheriff subsequently to the entry of the notice, but within the month, levies a further amount from the property of a debtor, that amount shall be dealt with as if it had been levied prior to the notice; but if after the month a further amount is levied, a new notice shall be entered and the distribution to be made of the amount so levied, and of any further amount levied within a month of the entry of the last mentioned notice, is governed by the entry thereof in accordance with the foregoing provisions of this section, and so on from time to time.

4(8)In distributing money under this section, creditors who have executions against goods or lands only, or against goods and lands, are entitled to share rateably with all others in money realized under execution against either goods or lands, or both.

4(9)Where a creditor has shared in a previous distribution, he is entitled to share in a subsequent one only in respect of the amount remaining due to him after crediting what he has received in any previous distribution.

7(1)An affidavit, in the form prescribed by regulation, of the debt and the particulars thereof, may be made in duplicate by the creditor, or by one of the creditors in case of a joint debt, or by a person cognizant of the facts.

7(2)The claimant shall serve on the debtor one of the duplicates, and a notice stating that the claimant intends to file the other duplicate with the clerk by reason of there being in the sheriff’s hands a writ of execution against the goods or lands of the debtor, and that the claimant intends to call on the sheriff to levy the said debt out of the property of the debtor, under the authority of this Act.

7(3)The notice shall contain the other particulars, and may be in the form prescribed by regulation, and may be attached to the affidavit served, or endorsed thereon.

7(4)Where the affidavit is to be served out of the Province the judge shall limit the time at which the next step may be taken by the claimant as hereinafter provided.

8(1)An execution debtor may give notice in writing to the sheriff that any claims to be served upon him may be served upon any attorney in the Province, whose name and address is given, or by mailing the claim to an address stated in the notice; the sheriff shall thereupon enter the notice in the book, and so long as an execution that was in the sheriff’s hands at the time the notice was given remains in his hands, shall repeat the entry immediately below any notice, in the form mentioned in subsection 4(2), given in respect of the execution, unless the notice is revoked in writing, in which case the entry or entries thereof shall be marked “revoked.”

8(2)So long as the notice remains unrevoked as aforesaid, an affidavit of claim and accompanying notice under this Act may be served upon an execution debtor by serving them upon the attorney in accordance with this Act where an attorney is named, or if mailing is required, then by mailing them, enclosed in an envelope, prepaid and registered to the address given in the notice; but the judge may make such other order as to the mode in which service may be effected, as to him may seem just.

8(3)Where the notice mentioned in subsection 7(3) served on a debtor does not state some address within the Province at which service may be made upon the claimant or does not give the name and address of some attorney in the Province who may be served in the claimant’s behalf, service of any notice, paper or document may be made upon the claimant by filing a copy thereof with the clerk of The Court of Queen’s Bench of New Brunswick for the judicial district in which the proceedings are being taken.

8(4)The claimant shall file with the clerk of The Court of Queen’s Bench of New Brunswick for the judicial district in which the sheriff has the execution one of the duplicate affidavits of claim, and a copy of the said notice, with an affidavit of due service, in the form prescribed by regulation.

8(5)Prior to or simultaneously with the filing with the clerk of the affidavit, there shall be filed with him the certificate of the sheriff, or an affidavit, showing that proceedings have been had against the debtor that entitle the creditor to proceed under this Act.

8(6)Where no notice is given by the execution debtor, as provided for in subsection (1), a copy of the affidavit and the notice shall, where practicable, be personally served upon the debtor; but if it is made to appear to a judge that the claimant is unable to effect prompt personal service, the judge may order substituted or other service, or may appoint some act to be done that shall be deemed sufficient service.

9(1)If the claim is not contested in manner hereinafter mentioned, the clerk, after ten days from the day of personal service, or service under subsection 8(2), or within the time mentioned in the order, as the case may be, on application and the filing with him of proof of service upon the debtor of an affidavit and notice in accordance with this Act, or proof of compliance with a judge’s order in that behalf, or upon the determination of the dispute in favor of the claimant, either in whole or in part, shall deliver to the creditor, or anyone on his behalf, a certificate in the form prescribed by regulation; and where the claim is only disputed as to a part, the creditor may elect, by writing filed with the clerk, to abandon that part, and obtain a certificate as to the residue.

9(2)The certificate shall be delivered by the claimant to the sheriff, and thereby from the time of the delivery the claimant shall be deemed to be an execution creditor within the meaning of this Act, and to be entitled to share in whatever is made under the executions of creditors in the sheriff’s hands, as if he had delivered to the sheriff an execution against lands or goods or both, as the case may be, and the certificate in like manner binds the lands and goods of the debtor; subject, however, to the debt being afterwards disputed by a creditor, as hereinafter provided for.

9(3)A certificate under this Act shall, in interpleader proceedings, be deemed to be an execution.

9(4)If the certificate is obtained by an attorney, the name and place of abode of the attorney shall be endorsed thereon, and if the certificate is sued out by the claimant in person, there shall be endorsed thereon an address in the Province, at which service may be made upon the claimant; and, in default thereof, service of any notice, paper or document may be made upon the claimant by filing a copy thereof with the clerk of The Court of Queen’s Bench of New Brunswick for the judicial district in which the proceedings are being taken.

9(5)On receiving the certificate the sheriff shall make a further seizure of the lands and tenements, or goods and chattels, or both, as the case may be, of the debtor to the amount of the debt so claimed, and the sheriff’s fees; and so on from time to time in case more certificates are received after the further seizure so made.

9(6)A certificate under this Act remains in force for three years from the date thereof, and no longer unless renewed, but a certificate may be renewed in the same manner as a writ of execution, but notwithstanding the expiry of a writ or certificate during the month in which a notice of levy having been made is required to be posted, the writ and certificate shall, as to any money levied during the month, be deemed to be in full force and effect.

10(1)The claim may be contested by the execution debtor, or by a creditor interested in contesting the same.

10(2)If the debtor contests the claim, he shall file with the clerk an affidavit stating that he has a good defence to the claim, or to a specified part of the claim on the merits, but the judge may dispense with the affidavit, on terms or otherwise.

10(3)The debtor shall file the affidavit and serve upon the claimant a copy thereof within ten days after the personal service, or service under subsection 8(2), upon him of the affidavit of claim and the notice, or within the time that the judge by an order dispensing with personal service directed, or within any further time that the judge may allow; the affidavit shall have endorsed thereon an address in the Province, at which service may be made upon the debtor, or the address of some attorney in the Province who may be served in the debtor’s behalf, and in default thereof, service of any notice, paper or document may be made upon the debtor by filing a copy thereof with the clerk of The Court of Queen’s Bench of New Brunswick for the judicial district in which the proceedings are being taken.

10(4)If the contest is by a creditor, he shall file with the clerk an affidavit to the effect that he has reason to believe that the debt claimed is not really and in good faith due from the debtor to the claimant, but the judge may dispense with the affidavit, on terms or otherwise.

10(5)The affidavit by a creditor may be so filed, and a certificate thereof delivered to the sheriff at any time before distribution is made.

10(6)The creditor shall in all cases be given notice of a contest of his claim by either the debtor or other creditor, the sufficiency of which notice shall be decided by the judge.

11(1)Where a claim is contested by a creditor after a certificate has been placed in the sheriff’s hands, the sheriff unless the judge otherwise orders shall proceed and levy as if such contestation had not been made, and the sheriff shall, until the determination of the contestation, retain in a financial institution the amount that would be apportionable to the claim if valid, and he shall, as soon after the expiry of the said month as practicable, distribute the residue of the money made amongst those entitled.

11(2)The claimant whose claim is contested may apply to a judge for an order allowing his claim and determining the amount; and in case he does not make such application within eight days of his receiving notice of the contestation, or within such further time if any as the judge upon the delay being reasonably accounted for may allow, he shall be taken to have abandoned his claim.

11(3)Where the contestant is a creditor and there is reason to believe that the contestation is not being carried on in good faith, any other creditor may apply for an order permitting him to intervene in the contest.

12(1)The judge may determine any questions in dispute in a summary manner, or may direct an action or issue in any court for the trial thereof, and may make such order as to the costs of the proceedings as may be just.

12(3)Where an issue is directed, it shall be tried in all respects as if it is an action in the court in which it is ordered to be tried.

13(1)The judge may at any time, either before or at the trial, make an order for the examination of the parties, or others, before him, at the time and place that he appoints, as he may think necessary in the interests of justice.

13(2)A person guilty of disobedience to such an order is liable for contempt of court.

16(1)If a claim is contested in one county, the decision thereon, as between the parties to it, determines the amount of the claim for the purposes of this Act in all counties in which the claim is filed, and the certificate of the clerk of The Court of Queen’s Bench of New Brunswick for the judicial district in which the contest has taken place of the result thereof is prima facie proof of the decision.

16(2)A certificate shall, upon payment of the prescribed fee, be granted to any party to the proceedings who applies therefor.

17(1)The clerk shall keep a book in which, before granting a certificate or issuing an execution for a claim, he shall enter the following particulars with reference to every claim in respect of which he gives a certificate under this Act:

17(2)The entry, subject to the provisions of this Act, is an award of judgment for the debt and costs, and has the same effect as an entry of judgment for non-appearance to a specially endorsed writ.

17(3)The clerk shall index the entries in the book alphabetically under the names of the debtors.

17(4)If the original papers are lost or destroyed a copy of the entry in the book is evidence of all matters therein set forth.

17(5)The filing of a claim and obtaining a certificate under this section does not prevent the creditor from proceeding to judgment in the ordinary manner.

17(6)A creditor entitled to a certificate from the clerk may sue out a writ of execution into any county in the same manner as on an ordinary judgment.

18(1)The judge, before or after a certificate is issued by the clerk under this Act or delivered to the sheriff, may, on the application of the debtor and notice to a claimant, give to the debtor further time to pay any claim, where the judge is of the opinion that this can be done without injustice to the creditor, or he may give the debtor further time on terms that in the opinion of the judge are just.

18(2)There may be successive orders for this purpose, but no claim shall be delayed by such orders for more than three months in all.

18(3)This section does not apply to creditors who have obtained judgment in the ordinary way, and the orders for time are not to prejudice executions obtained by such creditors on such judgments.

19(1)If the debtor, without any sale by the sheriff, pays the full amount owing in respect of the executions and claims in the sheriff’s hands at the time of such payment, and no other claim has been filed with the clerk, or in case all executions and claims in the sheriff’s hands are withdrawn, and any claims served are paid or withdrawn, no notice shall be entered as required by section 4, and no further proceedings shall be taken under this Act against the debtor by virtue of the executions having been in the sheriff’s hands.

19(2)Save as aforesaid, after a certificate has been filed with the sheriff, the withdrawal or expiry of the writ upon which the proceedings are founded, or any stay upon the writ, or the satisfaction of the plaintiff’s claim thereon, or the setting aside or return of the writ, shall not affect the proceedings to be taken under this Act and except so far as the action taken in regard to the writ may affect the amount to be levied, the sheriff shall proceed and levy upon the goods or lands of the debtor, or both, as he would have proceeded had the writ or writs remained in his hands in full force to be executed, and may also take the like proceedings as he would have been entitled to take had the writ been a writ of venditioni exponas.

19(3)If a debtor voluntarily, and without any sale by the sheriff, pays to the sheriff part of the amount owing in respect of an execution or claim in the sheriff’s hands, and there is at the time no other execution or claim in the sheriff’s hands, the sheriff shall apply the money on the execution or claim so in his hands, and section 4 does not apply to the money so received by the sheriff.

22(1)If the sheriff does not find property of a debtor leviable under executions and claims in his hands sufficient to pay the same in full, and the sheriff finds goods and chattels in the hands of an officer of an inferior court, under a writ of execution against the debtor, the sheriff shall demand and obtain the goods and chattels from such officer, who shall forthwith deliver the same to the sheriff with a copy of every writ of execution in his hands against the debtor, and a memorandum showing the amount to be levied thereunder, including the fees of such officer, so far as proceedings have been taken by him, and showing the date upon which each process was received by him.

22(2)If the officer referred to in subsection (1) fails to deliver any of the goods, he shall pay double the value of the property retained, such double value to be received from such officer, with costs of suit and to be by the sheriff accounted for as part of the estate of the debtor.

22(3)Costs and disbursements of the officer referred to in subsection (1) shall be a first charge on the goods and chattels received from him.

22(4)The sheriff shall distribute the proceeds among the creditors under the provisions of this Act, and the execution creditors in such inferior court shall be entitled, without further proof, to stand in the same position as execution creditors whose writs are in the sheriff’s hands.

26(1)Where money is made upon a writ, the money shall be taken for the purposes of the sheriff’s return, and otherwise to be made upon all writs or certificates entitled to the benefit thereof, and the sheriff shall, upon payment being made to the person entitled upon such writ or certificate, endorse thereon a memorandum of the amount so paid, but he shall not, except on the request of the party issuing the writ, or by direction of the court out of which the writ issues, or of a judge having the authority of a judge of such court, return the writ until it has been fully satisfied, or unless the writ has expired by effluxion of time, in which case the sheriff shall make a formal return of the amount made thereon.

26(2)The like proceedings may be taken to compel payment by the sheriff of money payable in respect of an execution or other claim as can now be had to compel the return by the sheriff of a writ of execution.

26(3)In any proceedings against the sheriff under subsection (2) the court may make such order as to the payment of costs by the sheriff as to it may seem just.

27(1)The sheriff shall, pending the distribution of money levied, keep in the book mentioned in section 4, a statement according to the form prescribed by regulation, showing in respect of any debtor, of whose property money has been levied:

27(2)The statement shall be amended from time to time as an additional amount is levied, or a new execution, certificate or order is received.

29(1)Where the money levied is insufficient to pay all claims in full and the time has come for distributing the money levied, the sheriff may forthwith distribute the same as directed by this Act or he may first prepare for examination by the debtor and his creditors a list of the creditors entitled to share in the distribution of the amount levied, with the amount due to each for principal, interest and costs; the list to be arranged so as, among other things, to show the amount going to each creditor under the provisions of this Act, and the total amount to be distributed; and the sheriff may deliver or send by post, prepaid and registered, to each creditor or his attorney, a copy of the list, with the several particulars aforesaid, and in such case the further proceedings may be as follows:

29(2)Any person prejudiced by the proposed scheme of distribution may contest the same by giving notice in writing to the sheriff, stating therein distinctly his objection to the scheme, or any part thereof, and the grounds of objection.

29(3)The contestant shall, within eight days thereafter, apply to the judge for an order adjudicating upon the matter in dispute, otherwise the contestation shall be taken to be abandoned.

29(4)Upon obtaining an appointment from the judge, a copy thereof, together with a notice of the objections and grounds thereof, which may be in the form prescribed by regulation, shall be served by the contestant upon the debtor, unless he is the contestant, and upon the creditors, or such of them as the judge may direct, at least forty-eight hours before the hearing; and the mode of service may be personal or as determined by the judge.

29(5)The judge may determine any questions in dispute in a summary manner, or may direct an issue or action for the trial thereof, either by a jury or otherwise, and in any court, and may make such order as to the costs of the proceedings as may be just.

29(6)Subsection (5) is subject to the same provisions as are set forth in subsection 11(2).

29(7)Where under a contestation a claimant is held not entitled or only entitled to part of his claim, the money retained pending the contestation, or the portion as to which the claimant has failed, shall be distributed among the execution creditors and other creditors who would have been entitled thereto as the money would have been distributed had the claim in respect thereof not been made.

29(8)If an execution debtor, subsequent to the receipt of the first execution by the sheriff, and before the time for distribution has expired, has executed a mortgage or chattel mortgage, or otherwise charged any portion of his estate, the giving of such mortgage or other security does not have the effect of preventing subsequent execution creditors or other creditors, who have filed their claims as required by this Act, from sharing in the distribution of the money realized by the sheriff, or the sheriff from selling the interest seized under the first execution, but in distributing the money so realized the sheriff shall deduct and retain for the person entitled thereto the amount of any incumbrance so created pro rata from the amount that would otherwise be payable to the said subsequent creditors, but nothing herein contained has the effect of making valid any chattel mortgage that would otherwise be invalid.

32(1)The judge may direct the sheriff to levy for an amount sufficient to cover a claim that is in dispute, or part thereof, or, if it appears to the judge that it is improbable that the defendant has other sufficient property, he may order the sheriff to retain in his hands during the contestation the shares that, if the claim is sustained, will be apportionable to it, or make an order combining the orders above authorized, or such similar order as may be just.

32(2)Under such order the sheriff has the same authority as he would possess under a writ of execution duly issued against the debtor and directing the sheriff to levy the like amount out of the goods and lands of the debtor.

35(1)Where there are in the sheriff’s hands several executions and claims, and there are not, or do not appear to be, sufficient lands or goods to pay all and his own fees, he may apply for an order attaching any debt owing the execution debtor by any person resident in the Province, whether the debt is owing by such person alone or jointly with another person, and to procure the attachment the sheriff may take the same proceedings as a creditor; and in such case a writ of execution or other writ in the course of the proceedings, may be directed to him in the same manner as if the attachment were by a creditor; and the proceeds of the debts attached shall be distributed in the same manner as if he had realized the same under execution.

35(2)If the sheriff does not take such proceedings, any person entitled to distribution may take proceedings for the benefit of himself and all other persons entitled to distribution as aforesaid, and the person owing the attached debt shall pay the same to the sheriff.

35(3)Any judgment creditor who attaches a debt shall be deemed to do so for the benefit of himself and all creditors entitled under this Act; payment of the debt shall be made to the sheriff, who in making distribution shall apportion to such judgment creditor a share pro rata, according to the amount owing upon his judgment of the whole amount to be distributed under the provisions of this Act, but such share shall not exceed the amount recovered by the garnishee proceedings, unless the judgment creditor has placed a writ in the sheriff’s hands.

35(4)Money garnished and paid to the sheriff shall be deemed to be money levied under execution within the meaning of this Act, but unless the garnishee proceedings are taken by him, the sheriff is only entitled to poundage on such money at the rate of one and one-quarter per cent.

35(5)Where a garnishee under an order of the court pays to the attaching creditor, or a garnishee without notice that the sheriff is entitled pays the amount of his debt into court and the amount is paid out to the attaching creditor, the sheriff may recover from the creditor the amount so received.

39(1)The Lieutenant-Governor in Council may establish a schedule of fees and costs under this Act.

39(2)The Lieutenant-Governor in Council may make regulations prescribing forms required under this Act.