Acts and Regulations

C-33 - Creditors Relief Act

Full text
Entry book of clerk
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:
(a) the name of the claimant and of the debtor;
(b) the date of entry of judgment;
(c) the amount of debt, exclusive of costs;
(d) the amount of costs;
(e) if the proceedings have been set aside, this fact, and shortly the reasons therefor.
Entry book of clerk
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.
Entry book of clerk
17(3)The clerk shall index the entries in the book alphabetically under the names of the debtors.
Entry book of clerk
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.
Judgment in ordinary manner
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.
Writ of execution
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.
R.S., c.50, s.17
Entry book of clerk
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:
(a) the name of the claimant and of the debtor;
(b) the date of entry of judgment;
(c) the amount of debt, exclusive of costs;
(d) the amount of costs;
(e) if the proceedings have been set aside, this fact, and shortly the reasons therefor.
Entry book of clerk
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.
Entry book of clerk
17(3)The clerk shall index the entries in the book alphabetically under the names of the debtors.
Entry book of clerk
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.
Judgment in ordinary manner
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.
Writ of execution
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.
R.S., c.50, s.17