Acts and Regulations

G-2 - Garnishee Act

Full text
Duties of executor of garnishee
22(1)If any person summoned as a garnishee in his own right dies before the judgment recovered by the judgment creditor is satisfied, the goods, effects and credits in his hands at the time of attachment are bound thereby, and his executor or administrator is liable therefor, but to no further extent than he would to the judgment debtor, as if the writ or attaching order had been originally served on them.
22(2)On service of a notice on such executor or administrator briefly stating the proceedings up to that time, the further proceedings shall be conducted as if the executor or administrator had been originally summoned as garnishee, and he may appear and contest as the original garnishee could have done, except that the examination of the deceased, if any had taken place, shall have the same effect as if he were living, and if such executor or administrator does appear, the proceedings shall be continued as if he had been originally garnishee.
R.S., c.97, s.23
Duties of executor of garnishee
22(1)If any person summoned as a garnishee in his own right dies before the judgment recovered by the judgment creditor is satisfied, the goods, effects and credits in his hands at the time of attachment are bound thereby, and his executor or administrator is liable therefor, but to no further extent than he would to the judgment debtor, as if the writ or attaching order had been originally served on them.
22(2)On service of a notice on such executor or administrator briefly stating the proceedings up to that time, the further proceedings shall be conducted as if the executor or administrator had been originally summoned as garnishee, and he may appear and contest as the original garnishee could have done, except that the examination of the deceased, if any had taken place, shall have the same effect as if he were living, and if such executor or administrator does appear, the proceedings shall be continued as if he had been originally garnishee.
R.S., c.97, s.23