3.1(1)At the option of the officer of the Court specified in section 3, a memorial of judgment may consist of a copy of the judgment certified by the officer as being a true copy of the original.

3.1(2)A Memorial of Judgment consisting of a certified copy of a Judgment may be registered in any registry office without proof of the signature or official position of the officer certifying the same.

4(1)Upon the production of such memorial and affidavit to a registrar of deeds he shall register the same, noting the date of its receipt as in the case of registry of conveyances.

4(2)A copy of the registry certified by the registrar shall be evidence of the registry in all courts.

10(1)Satisfaction of any recognizance or judgment, a memorial of which is registered, may be acknowledged before the registrar of deeds by the person who received the same or by his representatives or assigns, or by the certificate thereof of such person, his representatives or assigns, attested and verified by the affidavit of a witness.

10(2)If the satisfaction appears of record, the Registrar of the Court of Appeal if the judgment is in the Court of Appeal, or the Registrar of The Court of Queen’s Bench of New Brunswick if the decree is in The Court of Queen’s Bench of New Brunswick, or the clerk of The Court of Queen’s Bench of New Brunswick for the judicial district in which the judgment was entered if the judgment is in The Court of Queen’s Bench of New Brunswick, shall give a certificate thereof, that, being produced to the registrar of deeds with an affidavit verifying the signature thereto, shall be entered by him as satisfaction of the judgment.

10(3)In each case the registrar of deeds shall enter the fact of satisfaction in the margin of the entry of the memorial, whereupon it shall be cancelled.

13(1)No sale of the lands of a person shall be made until the sheriff advertises the time and place of the sale at least four times during a period of sixty days prior to the day fixed for sale in a newspaper published in the county where the lands are situated, or if no newspaper is so published then, in a newspaper published in the Province and having general circulation in that county, nor until he posts such advertisement at least sixty days prior to the day fixed for sale in or on the Registry Office and Court House of the county where the lands lie.

13(2)It is not necessary in any such advertisement to describe the property to be sold at full length, but it is sufficient to describe the same briefly and with sufficient particularity to identify it.

13(3)At least one publication of the advertisement under subsection (1) shall be made in the ten days immediately preceding the day fixed for sale.

13(4)The sale shall be made at the court house, unless the sheriff otherwise directs in the notice, and be between the hours of noon and five in the afternoon.

13(5)If the sheriff finds it necessary for want of purchasers or other good cause to postpone the sale, the postponement shall be for at least one week and shall be noted during that time at the foot of the former advertisements and by notice of such postponement published once, prior to the sale in the newspaper as prescribed by subsection (1).

14(1)If the defendant, by notice in writing delivered to the sheriff twenty days before the sale, requires that certain portions of the land so advertised be sold first, the sheriff shall cause such portions to be first put up for sale, and if a sufficient sum is realized to satisfy the execution and expenses, no other part of the land shall be sold, otherwise the sheriff shall proceed to sell the remainder.

14(2)Where the interest of the judgment debtor in such lands is an equity of redemption, or the lands are of such a character that the sheriff does not deem it reasonably practicable to sell portions thereof as required by the judgment debtor, he shall, at least ten days before the sale, notify the judgment debtor to that effect, and shall thereupon not be bound to sell part of said lands before the rest, unless ordered so to do by a judge of the Court out of which the execution issued, which order such judge is authorized to make, on summons to the judgment creditor, and on hearing the parties.

20(1)The effect of the sale and conveyance under execution of an equity of redemption in lands shall be to vest in the purchaser, his heirs and assigns, all the interest of the mortgagor therein, at the time the lands were first advertised for sale in a newspaper under subsection 13(1), and also the same rights as the mortgagor would have had if the sale had not taken place.

20(2)The purchaser, his heirs or assigns, may pay, remove or satisfy any mortgage, charge, or lien that at the time of the sale existed upon the lands so sold, in like manner as the mortgagor might have done, and thereupon shall acquire the same estate, right and title as the mortgagor would have acquired in case the payment, removal or satisfaction had been effected by the mortgagor, and on payment of the mortgage money to the mortgagee by the purchaser, his heirs or assigns, the mortgagee, his heirs or assigns, shall if required give to the purchaser, his heirs or assigns, at his or their charge, a certificate of payment or satisfaction of the mortgage.

21(1)A mortgagee of lands and tenements so sold, or the heirs or assigns of the mortgagee, whether or not plaintiff or defendant in the judgment whereupon the writ of execution was issued under which the sale takes place, may be the purchaser at the sale, and shall acquire the same estate, interest and right thereby as any other purchaser.

21(2)If the mortgagee becomes the purchaser, he shall give to the mortgagor a release of the mortgage debt.

21(3)If another person becomes the purchaser, and if the mortgagee enforces payment of the mortgage debt against the mortgagor, then the purchaser shall repay the debt and interest to the mortgagor, and in default of payment thereof within one month after demand, the mortgagor may recover the debt and interest from the purchaser, and shall have a charge therefor upon the mortgaged lands.

23(1)Under an execution against goods, the sheriff may seize and sell the goods and chattels of the party against whom the writ is issued and may seize and sell the equity of redemption in any goods or chattels, including leasehold interests in any lands, of the party against whom the writ is issued, and the sale shall convey whatever interest the party had in the goods and chattels at the time of the seizure.

23.2(1)Subject to subsection (2), a sheriff with whom a judgment creditor has filed an order for seizure and sale may, at the request of the judgment creditor, seize the interest of a judgment debtor in a security or a security entitlement in accordance with sections 47 to 51 of the Securities Transfer Act.

23.2(2)Notwithstanding section 48 of the Securities Transfer Act, if the jurisdiction that governs the validity of a certificated security under section 44 of the Securities Transfer Act is New Brunswick, a sheriff may seize the interest of a judgment debtor in the certificated security by serving a notice of seizure on the issuer at the issuer’s chief executive office, even if the security certificate has not been surrendered to the issuer.

23.2(3)If a seizure under this section is by notice of seizure to an issuer or securities intermediary, the seizure becomes effective when the issuer or securities intermediary has had a reasonable opportunity to act on the seizure, having regard to the time and manner of receipt of the notice.

23.3(1)If a judgment debtor’s interest in a security or security entitlement is seized by a sheriff, the sheriff is the appropriate person under the Securities Transfer Act for the purposes of dealing with or disposing of the seized property and, for the duration of the seizure, the judgment debtor is not the appropriate person under that Act for the purposes of dealing with or disposing of the seized property.

23.3(2)On seizure of a judgment debtor’s interest in a security or a security entitlement, the sheriff may

23.3(3)If the sheriff makes or originates an endorsement, instruction or entitlement order as the appropriate person under subsection (1), the sheriff shall provide the issuer or securities intermediary with a certificate of the sheriff stating that the sheriff has the authority under this Act to make that endorsement, instruction or entitlement order.

23.7(1)The following definitions apply in this section.

23.7(2)This section applies if the interest of a judgment debtor in a security is seized by a sheriff and the jurisdiction that governs the validity of the security under section 44 of the Securities Transfer Act is New Brunswick.

23.7(3)Subject to subsection (5), if the transfer of the seized security is restricted by the terms of the security, by a restriction imposed by the issuer or by a unanimous shareholder agreement, the sheriff is bound by the restriction.

23.7(4)Subject to subsection (5), if a person would otherwise be entitled to acquire or redeem the seized security for a predetermined price or at a price fixed by reference to a predetermined formula, the person is entitled to acquire or redeem the security.

23.7(5)On application by the sheriff or the judgment creditor who made the request under subsection 23.2(1), if The Court of Queen’s Bench of New Brunswick, having taken into account the interests of the judgment creditor and of other persons affected, considers that a restriction on the transfer of the seized security, or a person’s entitlement to acquire or redeem the seized security, is unfairly prejudicial to the judgment creditor, The Court of Queen’s Bench of New Brunswick may make any order that it considers appropriate regarding the seized security, including an order doing one or more of the following:

23.7(6)The sheriff may bring an application under section 141 of the Business Corporations Act as if he or she were a shareholder under that section, whether or not an application is brought under subsection (5) of this section.

23.7(7)An application under subsection (5) may be joined with an application under section 141 of the Business Corporations Act.

23.7(8)Unless otherwise ordered by The Court of Queen’s Bench of New Brunswick under subsection (5), a person who acquires or takes a seized security from the sheriff is deemed to be a party to any unanimous shareholder agreement or any agreement under subsection 99(1) of the Business Corporations Act to which the judgment debtor was a party at the time of the seizure, if the agreement contains provisions intended to preclude the judgment debtor from transferring the security except to a person who agrees to be a party to that agreement.

23.7(9)Notwithstanding subsection (8) and any provision in a unanimous shareholder agreement to the contrary, a person who acquires or takes a seized security from the sheriff is not liable to make any financial contribution to the corporation or provide any guarantee or indemnity of the corporation’s debts or obligations.

24(1)Where a judgment debtor against whose lands an execution is issued is the mortgagee of land, and the mortgage is registered, or where the judgment debtor is entitled to receive a sum of money charged upon lands by virtue of any registered instrument, the sheriff may deliver or transmit to the registrar of deeds in whose office the mortgage or instrument is registered, a notice in the form or to the effect following:

24(2)Upon registration of the said notice, the interest of the execution debtor in the mortgage or other instrument, and in the land therein described, and in the money thereby secured, and in all covenants and stipulations for the securing of payment thereof, shall be bound by the execution, and such registration shall be deemed to be notice of the said execution and seizure to all persons who may thereafter in any way acquire any interest in the mortgage, lands, money or covenants, and the rights of the sheriff and the execution creditor shall have priority over the rights of all such persons, subject as regards the mortgagor or person liable to pay the money secured by the mortgage or charge to the provisions of section 25.

25(1)A notice similar to the notice mentioned in section 24 or containing the like information, shall also be served upon the mortgagor, or upon the person who is liable to pay the money secured by the registered instrument, and thereafter the person served shall pay to the sheriff all money payable or which may become payable to the execution debtor.

25(2)Service of the notice may be made personally, or by leaving the notice at the dwelling house of the person to be served with an adult person dwelling there, or by letter, mailed, prepaid and registered, addressed to the proper address of the person to be served.

25(3)Where a memorial of the judgment is registered, the judgment creditor may serve a notice of the registration upon the mortgagor, or person who is liable to pay the money secured by the registered instrument, in the same manner as is provided by subsection (2).

25(4)A payment made by the mortgagor, or other person liable to the judgment debtor or his assigns, after service of the notice in either subsection (1) or subsection (3) specified, or after knowledge of such judgment, memorial and registry thereof, or of such execution and seizure, shall be void as against the sheriff and execution creditor.

25(5)Where the writ of execution of which notice is registered under section 24 is satisfied, set aside or withdrawn, a certificate to such effect, signed by the sheriff, or by the execution creditor, and acknowledged or proved in like manner as is required for registry of deeds, may be registered, and thereupon such seizure shall be vacated and deemed at an end.

26(1)The sheriff on any execution shall seize and take any money including any surplus of a prior execution against the debtor and any cheques, bills of exchange, promissory notes, bonds, specialties or other securities for money, belonging to the person against whose goods and chattels, lands and tenements, the execution is issued, and subject to the provisions of the Creditors’ Relief Act shall pay or deliver to the party who sued out the execution, any money so seized or a sufficient part thereof; and shall hold any such cheques, bills of exchange, promissory notes, bonds, specialties or other securities for money as security for the amount by such execution directed to be levied, or so much thereof as shall not have been otherwise levied and raised, and may, as such sheriff, maintain an action for the recovery of the sum or sums secured thereby, when the time of payment thereof arrives.

26(2)Payment to the sheriff by the party liable on any such cheque, bill of exchange, promissory note, bond, specialty or other security, with or without suit, or the recovery and levying execution against the party so liable, shall discharge him to the extent of such payment, or of such recovery and levy in execution, as the case may be, from his liability on any such cheque, bill of exchange, promissory note, bond, specialty or other security, and the sheriff shall, subject to the provisions of the Creditors’ Relief Act, pay over to the party who sued out such writ of execution the money so recovered or such part thereof as shall be sufficient to discharge the amount by the writ directed to be levied, and if after satisfaction of the amount so to be levied, together with the sheriff’s poundage and expenses, a surplus remains in the hands of such sheriff the same shall be paid to the party against whom the writ was so issued.

26(3)A sheriff is not bound to commence an action against any party liable upon any such cheque, bill of exchange, promissory note, bond, specialty or other security, unless the party who sued the execution enters into a bond with two sufficient sureties indemnifying the sheriff from costs and expenses to be incurred in the prosecution of such action, or to which he may become liable in consequence thereof, the expense of the bond to be deducted out of any money recovered in such action.

29(1)If a sheriff, after seizing or taking any money, bank notes, currency, cheques, bills of exchange, promissory notes, bonds, specialties, or other securities for money, under the provisions of section 26, and before any action is commenced for the recovery of the same, dies or goes out of office, such an action may be maintained in the name of his successor, and any power of sale in any such security may likewise be executed by such successor.

29(2)Where during the pendency of any action the sheriff, in whose name the action or suit is being prosecuted, dies or goes out of office, the action shall not abate, but the same shall, on an order of a judge of the Court in which the action is pending being made that the action stand revived in the name of the successor of such sheriff, be continued and prosecuted in the name of the successor, on a bond being first given to him as provided in section 26, as if the action were being commenced in his name.

29(3)Where a sheriff gives notice of sale under a power contained in any security so seized as aforesaid, and before executing a conveyance thereunder, and completing such sale, dies or goes out of his office, his successor may complete such sale and make a conveyance thereunder in like manner, and with the same effect in every respect as the sheriff so dying, or going out of office, could have done.

33(1)The following goods, chattels and effects of a judgment debtor are exempt from levy or sale under execution issued out of The Court of Queen’s Bench of New Brunswick, the Court of Appeal, or any local, parish, justice’s or other inferior court:

33(2)The property and interest of an annuitant, or of any person interested or entitled in or to any contract for an annuity, or an annuity itself, resident in this Province, under “An Act relating to Government Annuities,” passed by the Parliament of Canada, or in or to any money payable or paid under or by reason of any such contract or annuity shall be exempt from seizure, levy or attachment by or under the process of any Court and shall not be affected by any trust, charge or lien; but nothing in this subsection contained is intended to conflict or be inconsistent with any enactment or provision of the Government Annuities Act, being Chapter 7 of the Revised Statutes of Canada 1927, or Acts in amendment thereof.

33.1(1)Where a dispute arises as to whether or not property is exempt from levy or sale pursuant to section 33 the debtor or creditor may apply to The Court of Queen’s Bench of New Brunswick for the determination of the question, and the Court shall determine the question after a hearing upon such notice to such persons as the Court directs.

33.1(2)Notwithstanding any other provision of this Act, a sheriff is not liable with respect to the levy and sale of any property exempt under section 33 if an application has not been made pursuant to subsection (1) with respect to that property prior to its sale or if he has not been given notice of an application.

34(1)Where an order for seizure and sale is wholly executed, the order shall be returned by the sheriff to the person issuing the same.

34(2)Where, following an investigation of the circumstances of the person against whom an order for seizure and sale is issued, the sheriff is of the opinion that the order cannot be executed in those circumstances, or where an order for seizure and sale has been partially executed and the sheriff is of the opinion that the order cannot be further executed in those circumstances, the sheriff shall endorse on the order a statement of the manner in which he has acted upon it and return the order to the person issuing the same.