8(1)An execution debtor may give notice in writing to the sheriff that any claims to be served upon him may be served upon any attorney in the Province, whose name and address is given, or by mailing the claim to an address stated in the notice; the sheriff shall thereupon enter the notice in the book, and so long as an execution that was in the sheriff’s hands at the time the notice was given remains in his hands, shall repeat the entry immediately below any notice, in the form mentioned in subsection 4(2), given in respect of the execution, unless the notice is revoked in writing, in which case the entry or entries thereof shall be marked “revoked.”

8(2)So long as the notice remains unrevoked as aforesaid, an affidavit of claim and accompanying notice under this Act may be served upon an execution debtor by serving them upon the attorney in accordance with this Act where an attorney is named, or if mailing is required, then by mailing them, enclosed in an envelope, prepaid and registered to the address given in the notice; but the judge may make such other order as to the mode in which service may be effected, as to him may seem just.

8(3)Where the notice mentioned in subsection 7(3) served on a debtor does not state some address within the Province at which service may be made upon the claimant or does not give the name and address of some attorney in the Province who may be served in the claimant’s behalf, service of any notice, paper or document may be made upon the claimant by filing a copy thereof with the clerk of The Court of Queen’s Bench of New Brunswick for the judicial district in which the proceedings are being taken.

8(4)The claimant shall file with the clerk of The Court of Queen’s Bench of New Brunswick for the judicial district in which the sheriff has the execution one of the duplicate affidavits of claim, and a copy of the said notice, with an affidavit of due service, in the form prescribed by regulation.

8(5)Prior to or simultaneously with the filing with the clerk of the affidavit, there shall be filed with him the certificate of the sheriff, or an affidavit, showing that proceedings have been had against the debtor that entitle the creditor to proceed under this Act.

8(6)Where no notice is given by the execution debtor, as provided for in subsection (1), a copy of the affidavit and the notice shall, where practicable, be personally served upon the debtor; but if it is made to appear to a judge that the claimant is unable to effect prompt personal service, the judge may order substituted or other service, or may appoint some act to be done that shall be deemed sufficient service.

8(1)An execution debtor may give notice in writing to the sheriff that any claims to be served upon him may be served upon any attorney in the Province, whose name and address is given, or by mailing the claim to an address stated in the notice; the sheriff shall thereupon enter the notice in the book, and so long as an execution that was in the sheriff’s hands at the time the notice was given remains in his hands, shall repeat the entry immediately below any notice, in the form mentioned in subsection 4(2), given in respect of the execution, unless the notice is revoked in writing, in which case the entry or entries thereof shall be marked “revoked.”

8(2)So long as the notice remains unrevoked as aforesaid, an affidavit of claim and accompanying notice under this Act may be served upon an execution debtor by serving them upon the attorney in accordance with this Act where an attorney is named, or if mailing is required, then by mailing them, enclosed in an envelope, prepaid and registered to the address given in the notice; but the judge may make such other order as to the mode in which service may be effected, as to him may seem just.

8(3)Where the notice mentioned in subsection 7(3) served on a debtor does not state some address within the Province at which service may be made upon the claimant or does not give the name and address of some attorney in the Province who may be served in the claimant’s behalf, service of any notice, paper or document may be made upon the claimant by filing a copy thereof with the clerk of The Court of Queen’s Bench of New Brunswick for the judicial district in which the proceedings are being taken.

8(4)The claimant shall file with the clerk of The Court of Queen’s Bench of New Brunswick for the judicial district in which the sheriff has the execution one of the duplicate affidavits of claim, and a copy of the said notice, with an affidavit of due service, in the form prescribed by regulation.

8(5)Prior to or simultaneously with the filing with the clerk of the affidavit, there shall be filed with him the certificate of the sheriff, or an affidavit, showing that proceedings have been had against the debtor that entitle the creditor to proceed under this Act.

8(6)Where no notice is given by the execution debtor, as provided for in subsection (1), a copy of the affidavit and the notice shall, where practicable, be personally served upon the debtor; but if it is made to appear to a judge that the claimant is unable to effect prompt personal service, the judge may order substituted or other service, or may appoint some act to be done that shall be deemed sufficient service.