Acts and Regulations

G-2 - Garnishee Act

Full text
Discharge of mortgage
28(1)Upon the garnishee paying to the judgment creditor or into Court, as aforesaid, any sum due and owing from him to the judgment debtor, and ordered to be paid to the judgment creditor, or into Court, as aforesaid, the judge, when such money is owing on any mortgage or other security upon real estate, upon being satisfied that such money has been paid, may, by order under his hand, direct the registrar to make an entry on the margin of the registry book, in which such mortgage or other security is registered, that the said mortgage or other security has been satisfied by payment of the amount thereof to the judgment creditor under garnishee process against him, if the whole amount of such security has been paid over, or if part only, that the same has been satisfied to the extent of the amount attached and paid, and such certificate of the judge shall be filed by the registrar as his authority for making such entry.
28(2)Before such entry or filing, an affidavit that the signature is the proper handwriting of the judge signing the same, shall be made before a commissioner for taking affidavits to be read in The Court of Queen’s Bench of New Brunswick, and such affidavit shall be filed with the judge’s certificate.
R.S., c.97, s.29; 1979, c.41, s.56
Discharge of mortgage
28(1)Upon the garnishee paying to the judgment creditor or into Court, as aforesaid, any sum due and owing from him to the judgment debtor, and ordered to be paid to the judgment creditor, or into Court, as aforesaid, the judge, when such money is owing on any mortgage or other security upon real estate, upon being satisfied that such money has been paid, may, by order under his hand, direct the registrar to make an entry on the margin of the registry book, in which such mortgage or other security is registered, that the said mortgage or other security has been satisfied by payment of the amount thereof to the judgment creditor under garnishee process against him, if the whole amount of such security has been paid over, or if part only, that the same has been satisfied to the extent of the amount attached and paid, and such certificate of the judge shall be filed by the registrar as his authority for making such entry.
28(2)Before such entry or filing, an affidavit that the signature is the proper handwriting of the judge signing the same, shall be made before a commissioner for taking affidavits to be read in The Court of Queen’s Bench of New Brunswick, and such affidavit shall be filed with the judge’s certificate.
R.S., c.97, s.29; 1979, c.41, s.56