2(1)Where a judgment has been obtained in The Court of Queen’s Bench of New Brunswick or in the Provincial Court and where the amount remaining due on the judgment exceeds the sum of eighty dollars, the party obtaining such judgment, hereinafter called the judgment creditor, may at any time thereafter attach and recover in the manner hereinafter provided, the whole or part of a debt or sum of money owing to the party against whom the judgment was obtained, hereinafter called the judgment debtor, from any other person, hereinafter called the garnishee, or sufficient of the debt or sum of money to satisfy the amount of the judgment, subject always to the rights of parties other than the judgment debtor to the debt or sum of money owing from the garnishee.

2(2)The provisions of this Act extend to all money or debts due to the judgment debtor from or by a foreign company doing business within this Province by an authorized agent, so far as it may be necessary to reach the money or effects of the company in the hands or under the control of such agent.

3(1)Application to a judge of The Court of Queen’s Bench of New Brunswick may be made ex parte by or on behalf of the judgment creditor, and either before or after an examination under the Arrest and Examinations Act, on affidavit that the judgment was recovered and when, and that the whole, or some part, and how much thereof, remains unpaid and unsatisfied, and that the deponent has reason to believe and does believe that some one or more parties, naming them, or stating that he is unable to name them, is or are within the Province, or in case of a foreign company, that such company is doing business within this Province by an authorized agent, as deponent believes, and naming such agent, or stating that he is unable to name him, and is or are indebted to or liable to pay a sum of money to the judgment debtor, and that it is necessary in the interest of justice that an attaching order should be issued, for an attaching order, in the prescribed form, which order said judge may make, if satisfied that it is necessary in the interest of justice that the same should be issued, stating therein that all debts or sums of money owing to the judgment debtor, or so much thereof, or certain of them, being such portion of said debts as he may in his discretion deem reasonable and proper, and stating in said order with sufficient certainty what debts or parts of debts he adjudges shall be attached.

3(2)Such attaching order may be served and has force in any county in the Province.

3(3)In no case shall garnishee issue on judgments obtained for debt, unless such judgment, independent of costs incurred in the suit, exceeds forty dollars.

13(1)The garnishee is not liable for the costs of the proceeding unless and in so far only as occasioned by setting up a defence that he knew or ought to have known was untenable, which shall be determined by the judge.

13(2)The garnishee shall have his reasonable costs out of the sum in his hands, where he sets up no defence; and, subject to this provision, the costs of all the parties are in the discretion of the judge, who may make an order that execution issue for the same.

16(1)A party entitled to or interested in any money or debt attached or bound in the hands of the garnishee by a proceeding under this Act, may, at any time before actual payment thereof by the garnishee, apply to a judge of The Court of Queen’s Bench of New Brunswick for an order, after summons and hearing, to the effect that the money or debt be discharged from the claim of the judgment creditor, and thenceforth after such order the money or debt ceases to be attached or bound for such claim.

16(2)A like application and order may be made, if the judge thinks fit, after the money or debt has been paid over by the garnishee, in which case all parties shall be remitted to their original rights in respect thereto, except as against the garnishee having already paid such debt or money to the judgment creditor whose payment shall not be affected thereby, but shall be and remain an effectual discharge to him.

17(1)If the judge on the hearing of a summons under this Act, or on special application for the purpose, thinks proper, he may before giving judgment against the garnishee, or at any time before actual payment by the garnishee, order such security by bond to be given to the sheriff as is approved by himself, by or on behalf of the judgment creditor, for the repayment into Court, to abide the judge’s order in case a judge’s order is made for such repayment.

17(2)Such bond shall be to the sheriff by his name of office, and shall enure for the benefit of all parties interested in or entitled to the money, and may, by order of the judge and on such terms as to indemnity against costs and otherwise as he imposes, be assigned to the party or parties interested, and may be sued in the name of the assignee.

22(1)If any person summoned as a garnishee in his own right dies before the judgment recovered by the judgment creditor is satisfied, the goods, effects and credits in his hands at the time of attachment are bound thereby, and his executor or administrator is liable therefor, but to no further extent than he would to the judgment debtor, as if the writ or attaching order had been originally served on them.

22(2)On service of a notice on such executor or administrator briefly stating the proceedings up to that time, the further proceedings shall be conducted as if the executor or administrator had been originally summoned as garnishee, and he may appear and contest as the original garnishee could have done, except that the examination of the deceased, if any had taken place, shall have the same effect as if he were living, and if such executor or administrator does appear, the proceedings shall be continued as if he had been originally garnishee.

24(1)Notice of all proceedings under this Act against the garnishee shall be given to the judgment debtor, unless the judge giving judgment against the garnishee dispenses with such notice on satisfactory proof that the judgment debtor has absconded or keeps concealed for the purpose of avoiding the service of process, or for other good cause.

24(2)In no case shall any money found to be due from the garnishee to the judgment debtor be paid over to the judgment creditor unless the judgment debtor has had notice of the proceedings, or such notice has been dispensed with as above mentioned.

24(3)Where notice of the proceedings has not been given to the judgment debtor, security by bond from the judgment creditor shall be taken, as is mentioned in section 17.

26(1)When any attaching order is made under any of the provisions of this Act, and the sum of money attached is secured by a mortgage or other instrument creating a lien upon real estate, the sheriff shall file a copy of the attaching order, certified by him to be a copy, in the office of the registrar of deeds for the county in which the said mortgage or other instrument creating the lien is registered.

26(2)Such attaching order takes effect from the time such copy is so filed, and from such time is valid and binding against any subsequent attaching order or attachment, or any bona fide assignee thereof, after the same is attached.

27(1)The registrar shall indorse on such copy the day and hour he receives the same, and thereupon file the same in his office, and enter in his attachment book the names of the judgment creditor, judgment debtor, and garnishee, and the time when the copy of order was received by him.

27(2)The registrar is entitled to a fee of twenty cents for filing and entering as aforesaid, and twenty cents for every search in respect of such order.

28(1)Upon the garnishee paying to the judgment creditor or into Court, as aforesaid, any sum due and owing from him to the judgment debtor, and ordered to be paid to the judgment creditor, or into Court, as aforesaid, the judge, when such money is owing on any mortgage or other security upon real estate, upon being satisfied that such money has been paid, may, by order under his hand, direct the registrar to make an entry on the margin of the registry book, in which such mortgage or other security is registered, that the said mortgage or other security has been satisfied by payment of the amount thereof to the judgment creditor under garnishee process against him, if the whole amount of such security has been paid over, or if part only, that the same has been satisfied to the extent of the amount attached and paid, and such certificate of the judge shall be filed by the registrar as his authority for making such entry.

28(2)Before such entry or filing, an affidavit that the signature is the proper handwriting of the judge signing the same, shall be made before a commissioner for taking affidavits to be read in The Court of Queen’s Bench of New Brunswick, and such affidavit shall be filed with the judge’s certificate.

33(1)The Court of Queen’s Bench of New Brunswick may make any Rules of Court deemed necessary to carry out the provisions of this Act; and all Rules of Court heretofore made and in force at the date of the passing of this Act, shall, upon the passage hereof, except in so far as such rules may be inconsistent with or repugnant to the provisions of this Act or any other Act, continue in force, but The Court of Queen’s Bench of New Brunswick may amend or rescind such rules, or any of them, as may be deemed necessary.

33(2)The Lieutenant-Governor in Council may make regulations prescribing