Acts and Regulations

C-33 - Creditors Relief Act

Full text
Goods held by officer of inferior court
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.
R.S., c.50, s.22; 1979, c.41, s.32; 1985, c.4, s.19
Goods held by officer of inferior court
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.
R.S., c.50, s.22; 1979, c.41, s.32; 1985, c.4, s.19