4(1)Where a sheriff levies money upon an execution against the property of a debtor issued out of The Court of Queen’s Bench of New Brunswick and the amount endorsed to levy is seven hundred and fifty dollars or more, he shall forthwith enter in a book to be kept in his office, open to public inspection without charge, a notice stating that the levy has been made, and the amount thereof, and the money shall thereafter be distributed rateably amongst all execution creditors and other creditors whose writs, or certificates given under this Act, were in the sheriff’s hands at the time of the levy, or who delivered their writs or certificates to the sheriff within one month from the entry of notice; subject, however, to the provisions hereinafter contained as to the retention of dividends in the case of contested claims and to the payment of the costs of the creditor under whose execution the money was levied.

4(2)The notice shall state the day upon which it was entered, and may be in the form prescribed by regulation.

4(3)Subsections (1) and (2) do not apply to money received by a sheriff as the proceeds of a sale of property by him under an interpleader order; but, upon the determination of the interpleader issue in favour of the creditors, the money, whether in the sheriff’s hands or in court pending the trial of the issue, shall be distributed by the sheriff among the creditors contesting the adverse claim.

4(4)Where proceedings are taken by the sheriff or other officer for relief under any provisions relating to interpleader, those creditors only who are parties thereto and who agree to contribute pro rata, in proportion to the amount of their executions or certificates, to the expense of contesting any adverse claim are entitled to share in any benefit that may be derived from the contestation of the claim, so far as may be necessary to satisfy their executions or certificates.

4(5)The court or judge may direct that one creditor shall have the carriage of all interpleader proceedings on behalf of all creditors interested, and the costs thereof, as between solicitor and client, are a first charge upon the money or goods that may be found by the proceedings to be applicable upon the executions or certificates.

4(6)“Adverse claim” in subsection (4) means any claim to contest which an interpleader issue is directed; and upon an interpleader application the court or judge has discretion to allow the other creditors who desire to take part in the contest a reasonable time in which to place their executions in the sheriff’s hands, upon such terms as to costs and otherwise as may be just and reasonable.

4(7)Where the sheriff subsequently to the entry of the notice, but within the month, levies a further amount from the property of a debtor, that amount shall be dealt with as if it had been levied prior to the notice; but if after the month a further amount is levied, a new notice shall be entered and the distribution to be made of the amount so levied, and of any further amount levied within a month of the entry of the last mentioned notice, is governed by the entry thereof in accordance with the foregoing provisions of this section, and so on from time to time.

4(8)In distributing money under this section, creditors who have executions against goods or lands only, or against goods and lands, are entitled to share rateably with all others in money realized under execution against either goods or lands, or both.

4(9)Where a creditor has shared in a previous distribution, he is entitled to share in a subsequent one only in respect of the amount remaining due to him after crediting what he has received in any previous distribution.

4(1)Where a sheriff levies money upon an execution against the property of a debtor issued out of The Court of Queen’s Bench of New Brunswick and the amount endorsed to levy is seven hundred and fifty dollars or more, he shall forthwith enter in a book to be kept in his office, open to public inspection without charge, a notice stating that the levy has been made, and the amount thereof, and the money shall thereafter be distributed rateably amongst all execution creditors and other creditors whose writs, or certificates given under this Act, were in the sheriff’s hands at the time of the levy, or who delivered their writs or certificates to the sheriff within one month from the entry of notice; subject, however, to the provisions hereinafter contained as to the retention of dividends in the case of contested claims and to the payment of the costs of the creditor under whose execution the money was levied.

4(2)The notice shall state the day upon which it was entered, and may be in the form prescribed by regulation.

4(3)Subsections (1) and (2) do not apply to money received by a sheriff as the proceeds of a sale of property by him under an interpleader order; but, upon the determination of the interpleader issue in favour of the creditors, the money, whether in the sheriff’s hands or in court pending the trial of the issue, shall be distributed by the sheriff among the creditors contesting the adverse claim.

4(4)Where proceedings are taken by the sheriff or other officer for relief under any provisions relating to interpleader, those creditors only who are parties thereto and who agree to contribute pro rata, in proportion to the amount of their executions or certificates, to the expense of contesting any adverse claim are entitled to share in any benefit that may be derived from the contestation of the claim, so far as may be necessary to satisfy their executions or certificates.

4(5)The court or judge may direct that one creditor shall have the carriage of all interpleader proceedings on behalf of all creditors interested, and the costs thereof, as between solicitor and client, are a first charge upon the money or goods that may be found by the proceedings to be applicable upon the executions or certificates.

4(6)“Adverse claim” in subsection (4) means any claim to contest which an interpleader issue is directed; and upon an interpleader application the court or judge has discretion to allow the other creditors who desire to take part in the contest a reasonable time in which to place their executions in the sheriff’s hands, upon such terms as to costs and otherwise as may be just and reasonable.

4(7)Where the sheriff subsequently to the entry of the notice, but within the month, levies a further amount from the property of a debtor, that amount shall be dealt with as if it had been levied prior to the notice; but if after the month a further amount is levied, a new notice shall be entered and the distribution to be made of the amount so levied, and of any further amount levied within a month of the entry of the last mentioned notice, is governed by the entry thereof in accordance with the foregoing provisions of this section, and so on from time to time.

4(8)In distributing money under this section, creditors who have executions against goods or lands only, or against goods and lands, are entitled to share rateably with all others in money realized under execution against either goods or lands, or both.

4(9)Where a creditor has shared in a previous distribution, he is entitled to share in a subsequent one only in respect of the amount remaining due to him after crediting what he has received in any previous distribution.