SCHEDULE. FORM A. In the Supreme Court of the North-West Territories. Between A.B., Petitioner, and C.D., Respondent. The petition of A.B., of (slating petitioner's residence and occupation) sheweth: day of 1. An election was held on the A.D. 1 (state the date of the general polling day) for the Electoral District of (state the name of the electoral district) at which C.D. and E.F. were candidates, and the said C.D. has been certified to be the person elected at such election. 2. The petitioner was a duly qualified elector at such election (or the petitioner was a defeated candidate at such election). 3. The petitioner says (state here the facts and grounds on which the petitioner relies). Wherefore the petitioner prays that it may be declared that the election of the said C.D. is void and that it may be set aside and (if the seat is claimed for another candidate) that it may be declared that the said E.F. was duly elected. Dated the day of A.D. 1 FORM B. In the Supreme Court of the North-West Territories. Between A.B., Petitioner, and C.D., Respondent. The above named respondent, C.D., says that the seat claimed in the petition herein for the said E.F., ought not to be awarded to him because (here state the grounds and facts on which the respondent relies). Dated the day of A.D. 1 COSTS. See DISTRESS AND EXTRA JUDICIAL SEIZURE. JUDICATURE. COURTS. See SUPREME COURT. JUSTICES OF THE PEACE. POLICE MAGISTRATES. COURTS OF REVISION. See ELECTIONS. MUNICIPAL. SCHOOL ASSESSMENT. Also Substituted Provision. LOCAL IMPROVEMENT. VILLAGES. CORPORATIONS. See COMPANIES. MUNICIPAL. SOCIETIES. CREDITORS. See ASSIGNMENTS FOR CREDITORS. PREFERENTIAL ASSIGNMENTS. CREDITORS' RELIEF. CREDITORS' RELIEF. An Ordinance to abolish Priority arnong Execution Co. 1898 c. 26 THE Creditors. HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: SHORT TITLE. 15 March, 1899 1. This Ordinance may be cited as "The Creditors' Relief Short title Ordinance.". C. O. 26, s. 1. INTERPRETATION. 2. In this Ordinance the expression "sheriff" shall include Interpretation deputy sheriffs, duly appointed bailiffs, coroners and any other person discharging the duties of sheriff in the particular case or for the time being; the expression "judge" shall mean a judge of the Supreme Court of the North-West Territories. C. O. 26, s. 2. PROCEDURE UNDER EXECUTIONS. DISPOSITION OF MONEYS REALISED. Priorities abolished When levy made notice Ratable 3. Subject to the provisions hereinafter contained there shall be no priority among creditors by execution from the Supreme Court of the North-West Territories. (a) In case a sheriff levies money upon an execution against the property of a debtor he shall forthwith enter in a book to be kept in his office open to public inspection without Sheriff to give charge a notice stating that such levy has been made and the amount and date thereof and the money levied shall at the expiration of two months from the levy unless otherwise ordered by a judge to be distributed ratably amongst all execution creditors whose writs were in the sheriff's hands at the time of the levy or who shall have delivered executions to the said sheriff within the said two months or within such further time as may be ordered by a judge subject however to the provision hereinafter contained as to the payment of the costs of the creditor under whose writ the amount was levied : distribution Form of notice Interpleader proceedings Persons entitled after Sheriff's entry, where money paid into court Carriage of interpleader proceedings Costs Provided that if money is realised by sale of lands for which a certificate of title has been granted under The Land Titles Act 1894 the said period of two months shall be computed from the date of confirmation of the sheriff's sale under the said Act. (b) The notice shall state the day upon which it was entered and may be in form A given in the schedule hereto. (c) Where proceedings are taken by the sheriff or other officer for relief under any provisions relating to interpleader those creditors only who are parties thereto and. who agree to contribute pro rata (in proportion to the amount of their executions) to the expense of contesting any adverse claim. shall be entitled to share in any benefit which may be derived from the contestation of such claim so far as may be neces sary to satisfy their executions: Provided however in case the money is ordered to be paid into court by the sheriff pending the trial of an interpleader issue the entry to be made by the sheriff shall not be made until the said money is again paid out of court to the sheriff for distribution. The court or judge may direct that one creditor shall bear the carriage of the interpleader proceedings on behalf of all creditors interested and the costs thereof as between advocate and client shall be a first charge upon the moneys or goods which may be found by the proceedings to be applicable upon the executions. where second (d) In case the sheriff shall subsequently to the entry of Procedure the notice but within the two months levy a further amount levy made upon the property of the debtor the same shall be dealt with as if such amount had been levied prior to the entry of the notice but if after the two months a further amount is levied a new notice shall be entered and the distribution to be made of the amount so levied and of the further amount levied within two months of the entry of the last mentioned notice shall be governed by the entry thereof in accordance with the foregoing provisions of this section and so on from time to time: Provided however that the judge may on application delay any of such distributions or any part thereof to give reasonable time for the obtaining judgment and fix a date for such distributions. execution before sale (e) In case a debtor voluntarily and without any sale by Part of the sheriff pays to the sheriff part of the amount owing in debt paid respect of an execution in the sheriff's hands and there is at the time no other execution in the sheriff's hands the sheriff is to apply the same on the execution so in his hands and subsections (a) (b) (c) and (d) of this section shall not apply to the money so received by the sheriff. land available execution (f) In the distribution of moneys under this Ordinance Proceed× of creditors who have executions against goods or lands or under against goods only or lands only shall be entitled to share rat-goods, etc. ably with all others any moneys realised under execution either against goods or lands or against both. C. O. 26, s. 3. preference 4. When the amount levied by the sheriff is not sufficient to costs made pay the execution debts with costs in full the moneys shall be applied to the payment ratably of such debts and costs after retaining the sheriff's fees and after payment in full of the taxed costs and costs of execution and extra costs of seizure and sale incurred by the creditor at whose instance and under whose execution the seizure and levy were made. C. O. 26, s. 4. proceedings 5. Moneys realised by the sheriff as the result of attachment Attachment of personal property shall be distributable under the provisions of this Ordinance. C. O. 26, s. 5. 6. No creditor shall be entitled to share in the distribution Execution of money levied from the property of a debtor unless by the to share creditors alone Full amount of execution sale delivery of a writ of execution he has established a claim against the debtor either alone or jointly with some other creditor or creditors. C. O. 26, s. 6. 7. In case the debtor without any sale by the sheriff pays paid without the full amount owing in respect of the executions in the sheriff's hands at the time of such payment and no other execution has been placed in his hands or in case all executions in the sheriff's hands are withdrawn no notice shall be entered as required by section 3 of this Ordinance and no further proceedings shall be taken under this Ordinance against the debtor by virtue of the executions having been in the sheriff's hands. Procedure where writ stayed Fund in court belonging to execution debtor One seizure sufficient, all executions sharing Sheriff entitled to single poundage only (2) Save as aforesaid after an execution has been filed. with the sheriff the withdrawal or expiry of the writ upon which the proceedings are founded or any stay upon the writ or the satisfaction of the plaintiff's claim thereon or the setting aside or return of the writ shall not affect the proceedings to be taken under this Ordinance and except so far as the action taken in regard to the writ may affect the amount to be levied the sheriff shall proceed and levy upon the goods or lands of the debtor or both as he would have proceeded had the writ or writs remained in his hands in full force to be executed and may also take the like proceedings as he would have been entitled to take had the writ been a writ of venditioni exponas. C. O. 26, s. 7. 8. Where there is in any court a fund belonging to an execution debtor and to which he is entitled the same or a sufficient part thereof to pay the executions in the sheriff's hands may on application of the sheriff or any party interested be paid over to the sheriff and the same shall be deemed to be money levied under execution within the meaning of this Ordinance. C. O. 26, s. S. 9. One seizure by the sheriff of the goods and lands of the debtor shall be deemed sufficient and shall be deemed a seizure on behalf of all creditors sharing under such seizure as hereinbefore provided. C. O. 26, s. 9. 10. Where money is to be distributed under this Ordinance the sheriff shall not be entitled to poundage as upon separate writs but only upon the net proceeds of the estate distributed by him and at the same rate as if the whole amount had been payable under one writ. C. O. 26, s. 10. |