Acts and Regulations

C-33 - Creditors Relief Act

Full text
Duty of Sheriff on levy
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and no other claim has been filed with the clerk, or in case all executions and claims in the sheriff’s hands are withdrawn, and any claims served are paid or withdrawn, no notice shall be entered as required by section 4, and no further proceedings shall be taken under this Act against the debtor by virtue of the executions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.
Effect of withdrawal of foundation action on claim
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.
Effect of payment by debtor before sale
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.
R.S., c.50, s.19
Duty of Sheriff on levy
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and no other claim has been filed with the clerk, or in case all executions and claims in the sheriff’s hands are withdrawn, and any claims served are paid or withdrawn, no notice shall be entered as required by section 4, and no further proceedings shall be taken under this Act against the debtor by virtue of the executions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.
Effect of withdrawal of foundation action on claim
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.
Effect of payment by debtor before sale
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.
R.S., c.50, s.19