Acts and Regulations

C-33 - Creditors Relief Act

Section 26
Disposition versions

Full text
Money made on one writ deemed made on all
26(1)Where money is made upon a writ, the money shall be taken for the purposes of the sheriff’s return, and otherwise to be made upon all writs or certificates entitled to the benefit thereof, and the sheriff shall, upon payment being made to the person entitled upon such writ or certificate, endorse thereon a memorandum of the amount so paid, but he shall not, except on the request of the party issuing the writ, or by direction of the court out of which the writ issues, or of a judge having the authority of a judge of such court, return the writ until it has been fully satisfied, or unless the writ has expired by effluxion of time, in which case the sheriff shall make a formal return of the amount made thereon.
Action against Sheriff
26(2)The like proceedings may be taken to compel payment by the sheriff of money payable in respect of an execution or other claim as can now be had to compel the return by the sheriff of a writ of execution.
Action against Sheriff
26(3)In any proceedings against the sheriff under subsection (2) the court may make such order as to the payment of costs by the sheriff as to it may seem just.
R.S., c.50, s.26
Money made on one writ deemed made on all
26(1)Where money is made upon a writ, the money shall be taken for the purposes of the sheriff’s return, and otherwise to be made upon all writs or certificates entitled to the benefit thereof, and the sheriff shall, upon payment being made to the person entitled upon such writ or certificate, endorse thereon a memorandum of the amount so paid, but he shall not, except on the request of the party issuing the writ, or by direction of the court out of which the writ issues, or of a judge having the authority of a judge of such court, return the writ until it has been fully satisfied, or unless the writ has expired by effluxion of time, in which case the sheriff shall make a formal return of the amount made thereon.
Action against Sheriff
26(2)The like proceedings may be taken to compel payment by the sheriff of money payable in respect of an execution or other claim as can now be had to compel the return by the sheriff of a writ of execution.
Action against Sheriff
26(3)In any proceedings against the sheriff under subsection (2) the court may make such order as to the payment of costs by the sheriff as to it may seem just.
R.S., c.50, s.26