35(1)Where there are in the sheriff’s hands several executions and claims, and there are not, or do not appear to be, sufficient lands or goods to pay all and his own fees, he may apply for an order attaching any debt owing the execution debtor by any person resident in the Province, whether the debt is owing by such person alone or jointly with another person, and to procure the attachment the sheriff may take the same proceedings as a creditor; and in such case a writ of execution or other writ in the course of the proceedings, may be directed to him in the same manner as if the attachment were by a creditor; and the proceeds of the debts attached shall be distributed in the same manner as if he had realized the same under execution.

35(2)If the sheriff does not take such proceedings, any person entitled to distribution may take proceedings for the benefit of himself and all other persons entitled to distribution as aforesaid, and the person owing the attached debt shall pay the same to the sheriff.

35(3)Any judgment creditor who attaches a debt shall be deemed to do so for the benefit of himself and all creditors entitled under this Act; payment of the debt shall be made to the sheriff, who in making distribution shall apportion to such judgment creditor a share pro rata, according to the amount owing upon his judgment of the whole amount to be distributed under the provisions of this Act, but such share shall not exceed the amount recovered by the garnishee proceedings, unless the judgment creditor has placed a writ in the sheriff’s hands.

35(4)Money garnished and paid to the sheriff shall be deemed to be money levied under execution within the meaning of this Act, but unless the garnishee proceedings are taken by him, the sheriff is only entitled to poundage on such money at the rate of one and one-quarter per cent.

35(5)Where a garnishee under an order of the court pays to the attaching creditor, or a garnishee without notice that the sheriff is entitled pays the amount of his debt into court and the amount is paid out to the attaching creditor, the sheriff may recover from the creditor the amount so received.

35(1)Where there are in the sheriff’s hands several executions and claims, and there are not, or do not appear to be, sufficient lands or goods to pay all and his own fees, he may apply for an order attaching any debt owing the execution debtor by any person resident in the Province, whether the debt is owing by such person alone or jointly with another person, and to procure the attachment the sheriff may take the same proceedings as a creditor; and in such case a writ of execution or other writ in the course of the proceedings, may be directed to him in the same manner as if the attachment were by a creditor; and the proceeds of the debts attached shall be distributed in the same manner as if he had realized the same under execution.

35(2)If the sheriff does not take such proceedings, any person entitled to distribution may take proceedings for the benefit of himself and all other persons entitled to distribution as aforesaid, and the person owing the attached debt shall pay the same to the sheriff.

35(3)Any judgment creditor who attaches a debt shall be deemed to do so for the benefit of himself and all creditors entitled under this Act; payment of the debt shall be made to the sheriff, who in making distribution shall apportion to such judgment creditor a share pro rata, according to the amount owing upon his judgment of the whole amount to be distributed under the provisions of this Act, but such share shall not exceed the amount recovered by the garnishee proceedings, unless the judgment creditor has placed a writ in the sheriff’s hands.

35(4)Money garnished and paid to the sheriff shall be deemed to be money levied under execution within the meaning of this Act, but unless the garnishee proceedings are taken by him, the sheriff is only entitled to poundage on such money at the rate of one and one-quarter per cent.

35(5)Where a garnishee under an order of the court pays to the attaching creditor, or a garnishee without notice that the sheriff is entitled pays the amount of his debt into court and the amount is paid out to the attaching creditor, the sheriff may recover from the creditor the amount so received.