Acts and Regulations

C-33 - Creditors Relief Act

Full text
Order of Judge respecting levy where claim contested
32(1)The judge may direct the sheriff to levy for an amount sufficient to cover a claim that is in dispute, or part thereof, or, if it appears to the judge that it is improbable that the defendant has other sufficient property, he may order the sheriff to retain in his hands during the contestation the shares that, if the claim is sustained, will be apportionable to it, or make an order combining the orders above authorized, or such similar order as may be just.
32(2)Under such order the sheriff has the same authority as he would possess under a writ of execution duly issued against the debtor and directing the sheriff to levy the like amount out of the goods and lands of the debtor.
R.S., c.50, s.32
Order of Judge respecting levy where claim contested
32(1)The judge may direct the sheriff to levy for an amount sufficient to cover a claim that is in dispute, or part thereof, or, if it appears to the judge that it is improbable that the defendant has other sufficient property, he may order the sheriff to retain in his hands during the contestation the shares that, if the claim is sustained, will be apportionable to it, or make an order combining the orders above authorized, or such similar order as may be just.
32(2)Under such order the sheriff has the same authority as he would possess under a writ of execution duly issued against the debtor and directing the sheriff to levy the like amount out of the goods and lands of the debtor.
R.S., c.50, s.32