Bill 11 (Legislature 2, Session 2)

L2 S2 10809

Alberta — Bills

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r. claimant and his filing proof of due service of the aflfidavit and notice, or where the claim is contested, upon the I deter mination of the dispute in favour of the claimant, <'ither in whole or in part, the clerk of the District Court shnll Jldi n•r to the creditor a certificate, form 5; and where thr is Ol.llptlWid- to a the claimant may elect ~PN.a811Qb to share distribution as if he had delivered an execution to the .and the certificate shall bind the lands and goods of the in the same rnanner as an execution; subject, however, debt being afterwards disputed by a creditor as pr~ovidcd.

(3) For the purpose of interpleadeJ: proceedings the '"'rmnc.nr.<> shall be deemed to be an execution.

(4) If the certificate is obtained by a solicitor his and Address.~or address shall be endorsed thereon; and if obtained by the ~r;:,';l'o:fed claimant in person there shall be endorsed thereon a stat~ment of some place within three miles of the office of the clerk of the district within which proceedings are being taken, at which service may be made upon him, and in default thereof sprvicc of any notice, paper or document rnay be made upon the claimant by mailing the same hy registered post addt!'sscd to him at tlw town where the ciPrk's office is situat.!'d.

(5) On rcc<'ivinJ?; the certificah• the sheriff shall nqk<' a F"'"'"' further scizum of the property of the debtor to tlu• nr1wunt ~-~.!:i- -~ aodthe the date thereof but may from time to time renewed in the same manner as an execution.

(7) Notwithstanding the expiry of an execution or ccrt~cate · before the tem1ination of the month during which a not cc of~~ • .., · money having been levied or received is required to be en red, ;;!;~),J; the execution or certificate, as to any money levied or re eived levy during such month, shall be deemed to be in full force and effect. 10. The claim may be contested by the debtor or ty a ~~r!••tin~ creditor of the debtor.

(2) Where the debtor eon tests the claim he shall file with Ar~dbvit the clerk an affidavit stating that he has a good defen e to 0 " tor the claim or to a specified part of it on the merits, but the judge may dispense with the affidavit on terms or otherwif>c.

(3) The debtor shall file the affidavit and serve UPOil the Filio:~~: an~ claimant a copy thereof within ten days after service upon him :.ffid~~t of the affidavit of claim and the notice, or within 1he time mentioned in t)le order provided for by subsection 4 of sttion 7 as the case may be or within such further time as the udge may allow. ( 4) Where the contestation is by a creditor he shal hlc Gontesta with the clerk an affidavit to the effect that he has r ason ~~~il::r to believe that the debt claimed is not really and in ood faith due from the debtor to the claimant; but the judge may . dispense with the affidavit on terms or otherwise. ~

(5) Notice of contestation, whether by the debtor o 'by Notice or. a creditor, ·together with a copy of the affidavit, if any, hall conteatatl~

9 23.

Where a judgment creditor obtains the appointment Mon~y of a receiver by way of equitable execution of propPrty of=~;-; his debtor the receiver shall pay into court the mom·y n·<·Pivt"d by him by virtue of his receivership, and the same !>hall be subjcct"'to the provisions of the next preceding I!C'ction, I but tho creditor Bhall be entitled to be paid . tho aDd &he Older money shall be applied to the payment rateably of . . ~ and costs of the creditors after retaining the sheriff's fees to r.:'if 1 :1"J,j., ing poundage, and after payment in full of the taxed qosts 'n u and the costs of the execution to the creditor at whose ins~ncc and under whose execution the seizure and levy were ade where he is entitled to priority therefor under the provi ions of this Act. 25.

The sheriff if directed by an endorsement upon a p,erti- ~""Y of fieate shall, in addition to the amounts named therein, levv !..':.~r:~! .. interest on such amounts from the date of the ccrtificai ~ror renewal from the date named in that behalf in the certificate, and also $1.35 for the disbursements on every renewal of the c rti- ficate; and where such renewal is made upon the applieation of a solicitor he shall also levy $1.25 for the solicitor's cjosts on the renewal.

I 26. \Vhere money is to be distributed by the sh('r·iff 11 rd('r· sh~riK"• this Act be shall not be entitled to poundage as upon ~<<'J>ll t<• ,. .. u ... to .. exocut.iona O! ~catc8, but. only upon tho. ,.net p .. .,~,.., ~--~::~-- • "<·~:· ........... , t. ?11. 'Vhcre money is made under an execution it simi be !~0~~ ';';ir taken to have been made under aU the executions and ce _ifi- ~.!:.'id~red cates entitled to the bene~t thereof, and upon payment. b mg ~~ '!W'{:Jt~ made to the person entitled under any such executw or entitled tu certificate the sheriff shall cndonm thereon a memorandu 1 of ih!':'.!:.~ the amount so paid, but he shall not, except on the req est of the party who issued the execution, or by direction of the court ·out of which the same issued, or of a judge thereof, re urn the execution until the same has been fully satisfied o~~· haH expired, in which later case the sheriff shall make a fo al return of the amount n1ade thereunder.

(2) The like proceedings may be taken to compel pay 1cnt comp~mnb'L by the shciifT of money payable in respect to a certificat • ns ~i';;:r;rnt 'f can now be had to compel the retur'h by the sheriff of an execution. 28. Pending the distribution the sheiiff shall keep in hook mentioned in

section 5 a statement, form G, · sho the following particulars: · (

a) The amounts levied or received and the dates of or receipt; · (

b) Each execution, certificate or order in his hand the ~ta~ken~ · ng in oheriif.o office · pendinp; dU!tributio~ cvy the time of making the entry, form 1, or subseque received during the month, the amount thereof, for debt and costs, and the date of receipt, .. and uch statement shall be amended from time to tim additional amounts are levied or received or fu executions, certificates or orders are received.

l(';

FOHM Jl ACT.

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Title: 1910 (2nd, 2nd) Bill 11,

An Act to Prevent Priority among Execution Creditors

Document details

Collection	Alberta — Bills
Citation	L2 S2 10809
Type	bill
Volume / chapter	L2 S2 10809
Language	en
Format	json
Source	PROVINCIAL
Identifier	3bc1c26f8f7bde20bcb4b0eb595d8bcf0759d6c9

Source file is stored in the law ingest library (json).