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CHAPTER 24.

Ad

An Ordinance respecting Commissioners to

minister Oaths.

THE Lieutenant Governor by and with the advice and con

sent of the Legislative Assembly of the Territories enacts as follows:

THE

Advocates to be commissioners

1. All duly enrolled advocates of the Territories shall be commissioners for taking affidavits in the said Territories. No. 6 of 1893, s. 545.

Lieutenant

2. The Lieutenant Governor may by a commission or comGovernor may missions under his hand and the seal of the Territories from

time to time empower such and so many persons as he thinks fit and necessary to administer oaths and take and receive affidavits, declarations and affirmations within the Territories. No. 6 of 1893, s. 545 (1); No. 38 of 1897, s. 13.

commis. sioners

Appointment of commissioners out of Territories

3. The Lieutenant Governor may by a commission or commissions under his hand and the seal of the Territories from time to time empower such and so many persons as he thinks fit and necessary to administer oaths and take and receive affilavits, declarations and affirmations without the Territories in or concerning any cause, matter or thing depending or in any wise concerning any of the proceedings in the Supreme Court of the Territories and every oath, affidavit, declaration or affirmation taken or made as aforesaid shall be as valid and effectual and shall be of the like force and effect to all intents and purposes as if such oath, affidavit, declaration or affirmation had been administered, taken, sworn, made or affirined before a commissioner for taking affidavits within the Territories or other competent authority of the like nature.

(2) The commissioners so appointed shall be styled “ Comsioners for taking affidavits in and for the Supreme Court of the Territories.” No. 6 of 1893, s. 546 ; No. 12 of 1898, s. 24.

CHAPTER 25.

An Ordinance respecting Notaries Public.
THE
KE Lieutenant Governor by and with the advice and con-

sent of the Legislative Assembly of the Territories enacts as follows:

1. The Lieutenant Governor in Council may appoint by Appointments commission under his hand and the seal of the Territories one or more notaries public for the said Territories, provided that no appointment shall be made of any person or persons who at the time shall not be actually residing within the said Territories. R.O. c. 40, s. 1.

2. Every such notary shall have, use and exercise the power Powers of drawing, passing, keeping and issuing all deeds and contracts, charter parties and other mercantile transactions in the said Territories and also of attesting all commercial instruments that may be brought before him for public protestation and otherwise of acting as usual in the office of notary and may demand, receive and have all the rights, profits and emoluments rightfully appertaining and belonging to the said calling of notary public during pleasure. R.O. c. 40, s. 2; No. 38 of 1897, s. 14.

3. For every commission issued under this Ordinance there Fee for

commission shall be payable the sum of $10 to the general revenue fund of the Territories. R.O. c. 40, s. 3.

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CHAPTER 26.

An Ordinance to abolish Priority among Execution

Creditors.

THE Lieutenant Governor by and with the advice and con

sent of the Legislative Assembly of the Territories enacts as follows:

SHORT TITLE.

THE

Short title

1. This Ordinance may be cited as “ The Creditors' Relief Ordinance." No. 25 of 1893, s. 1.

INTERPRETATION.

Interpretation 2. In this Ordinance the expression “sheriff” shall include

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. No. 25 of 1893, s. 2.

PROCEDURE

UNDER

DISPOSITION OF

MONEYS

EXECUTIONS.

REALISED.

made

notice

Rateable distribution

Priorities

3. Subject to the provisions hereinafter contained there abolished

shall be no priority among creditors by execution from the

Supreme Court of the North-West Territories. When levy

(a) In case a sheriff levies money upon an execution against the property of a debtor he shall forth with enter in a book to

be kept in his office open to public inspection withont charge a Sheriff to give 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 be distributed rateably 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 cre litor under whose writ the amount was levied :

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. Interpleader (c) Where proceedings are taken by the sheriff or other proceedings officer for relief under any provisions relating to interpleader

Form of notice

entitled after

where money

Costs

where second

those creditors only who are parties thereto and who agree to Persons
contribute pro rata (in proportion to the amount of their
executions) to the expense of contesting any adverse claim
shall he entitled to share in any benefit which may be derived
from the contestation of such claim so far as may be necessary
to satisfy their executions :

Provided however in case the money is ordered to be paid Sheriff's entry, into court by the sheriff pending the trial of an interpleader paid into issue the entry to be made by the sheriff shall not be inade until court the said money is again paid out of court to the sheriff for distribution. The Court or judge may direct that one creditor Carriage of shall bear the carriage of the interpleader proceedings on

interpleader

proceedings 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.

(d) In case the sheriff shall subsequently to the entry of the Procedure notice but within the two months levy a further amount upon levy made 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 inonths 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. (e) In case a debtor voluntarily and without any sale by the Part of

execution sheriff pays to the sheriff part of the amount owing in respect debt paid 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.

(f) In the distribution of moneys under this Ordinance Proceeds of creditors who have executions against goods or lands or against inder goods only or lands only shall be entitled to share rate-execution ably with all others any moneys realised under execution either against goods or lands or against both. No. 25 of 1893, s. 3; No. 13 of 1898, ss. 1, 2.

before sale

land available

goods, etc.

4. When the amount levied by the sheriff is not sufficient to Costs made

preference pay the execution debts with costs in full the moneys shall be applied to the payment rateably 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. No. 25 of 1893, s. 8; No.-13 of 1898, s. 3.

5. Moneys realised by the sheriff' as the result of attachment Attachment

proceedings

of personal property shall be distributable under the provisions of this Ordinance. No. 13 of 1898, s. 3.

Execution 6. No creditor shall be entitled to share in the distribution creditors alone to share of money levied from the property of a debtor unless by the

delivery of a writ of execution he has established a claim against the debtor either alone or jointly with some other creditor or creditors. No. 25 of 1893, s. 4.

sale

Full amount 7. In case the debtor without any sale by the sheriff pays of execution 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 (2) Save as aforesaid after an execution has been filed with where writ stayed 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 renained in bis 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 erponas. No. 25 of 1893, s. 6.

Fund in court belonging to execution debtor

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. No. 25 of 1893, s. 7.

One seizure sufficient, all executions sharing

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. No. 25 of 1893, s. 8.

Sheriffentitled 10. Where money is to be distributed under this Ordinance to single the sheriff shall not be entitled to poundage as upon separate poundage only

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. No. 25 of 1893, s. 9.

Sheriff's return after levy

11. When money is made upon a writ tlie same shall be taken for the purposes or the sheriff's return and otherwise to be made upon all the writs entitled to the benefits thereof and the sheriff shall upon payment hring made to the person entitled '

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