4(1)The estate of the debtor or debtors if jointly or severally indebted to the amount stated in section 2 may be proceeded against by a creditor in like manner as nearly as possible as against an absent or concealed debtor if one of the following conditions exists:

4(2)In the above cases the absence may be proved by the oath of any person familiar with the facts.

4(3)There shall also be submitted a sworn allegation that there is danger that the property of the debtor or debtors may be removed from the Province or alienated by the debtor or debtors before execution can issue in an ordinary action.

5(1)If a sheriff, through ignorance, takes property claimed by any other person, the person whose property is taken may, within 60 days after the taking and on affidavit of the facts, apply to a judge for a summons returnable not less than four clear days after service of it on the sheriff, and on the return of the summons the judge shall determine the ownership of the property.

5(2)If the judge finds that the property belongs to the claimant, the judge may order the costs to be paid by the sheriff personally or out of the estate of the debtor, but no other action arises against the sheriff for the erroneous taking unless it was malicious.

5(3)If the verdict is otherwise, the sheriff shall recover his or her costs, charges and expenses from the claimant by attachment on the order of the judge.

8(1)Before the end of the 60 days mentioned in section 9, the debtor may by petition under oath in the form prescribed by regulation apply to the judge who issued the warrant and the judge may make an order directing the parties and their witnesses to appear before him or her that the judge may hear and determine the matter in a summary way.

8(2)If any witness neglects to appear, the judge on proof of the service of the order and of payment or tender of expenses may grant an attachment against the witness in the form prescribed by regulation.

8(3)On hearing the parties the judge may grant a stay of the warrant or dismiss the application, and he or she may award costs to the successful party to be recovered by attachment.

8(4)If the judge grants the stay and certifies that there was probable cause for the proceeding and no malice, that decision is a bar to any action against the creditor.

9(1)If the debtor does not within 60 days after the publication of the notice satisfy the debtor’s creditors and if the warrant is not stayed, the sheriff shall, within ten days after the end of the 60 days, call a meeting of the creditors to be held in the sheriff’s office or other convenient place to be named in the notice, not later than 12 days after the last publication of the notice of the meeting.

9(2)Notice of the meeting shall be published once in The Royal Gazette and once each week for three consecutive weeks in a newspaper published in the county where the debtor resided, and where no newspaper is published in that county then in a newspaper published in the Province and having general circulation in that county, and shall be sent by mail, postage paid, to all creditors so far as they can be ascertained by the sheriff.

9(3)The notice calling the first meeting of creditors shall contain a notice that all creditors are required to file their claims, duly proved by affidavit, with the sheriff within 60 days after the date of the notice, and that all claims not filed within the time limited, or such further time if any as may be allowed by a judge, are wholly barred of any right to share in the proceeds of the estate, and that the sheriff is at liberty to distribute the proceeds of the estate as if any claim not so filed did not exist, but without prejudice to the liability of the debtor for it.

9(4)Any claim not filed within the time limited, or any extension allowed by a judge, is wholly barred of any right to share in the proceeds of the estate, and after the end of the time for proving, unless an order extending the time is previously served on the sheriff and then at the end of the extension, the sheriff may distribute the proceeds of the estate as if the claim did not exist, but without prejudice to the liability of the debtor for it.

10(1)If the debtor within the time limited satisfies the creditors who have filed their respective claims with the sheriff, a judge, on being satisfied by proof that the debtor has so satisfied the creditors, shall grant a stay of the warrant.

10(2)If the debtor claims to have a set-off to any claim so filed, or the amount of any claim or its validity is disputed by the debtor, and the parties are unable to adjust their mutual claims or settle their dispute, a judge may, on application of the debtor at any time before the end of the 60 days limited in the notice, grant a summons returnable not less than four clear days after service, and on the return of the summons the judge shall determine the rights of the parties.

10(3)If the creditor served does not appear on the return of the summons, the judge, on being satisfied that the summons has been duly served on the creditor or the creditor’s solicitor or agent, may make an order that even though the claim filed by that party is not satisfied by the debtor a stay of the warrant may be granted, and the stay shall be granted accordingly, if no other claim is unsettled, though the 60 days from the notice may have then elapsed.

10(4)The summons, if served on the solicitor of the creditor who instituted the proceedings, acts as a stay of all further proceedings until it is disposed of.