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upon such writ indorse thereon a memorandum of the amount so paid but he shall not, except on the request of the party issuing the writ or by direction of the court out of which the same issued or of a judge of such court, return the writ until the same has been fully satisfied or unless the same has expired by effluxion of time in which case the sheriff shall make a formal return of the amount paid thereon.

(2) The like proceedings may be taken to compel payment Compelling by the sheriff of money payable in respect of an execution or rent by

payment other claim as can now be had to compel the return by the sheriff of a writ of execution. No. 25 of 1893, s. 10.

sheriff

12. The sheriff shall pending the distribution of moneys Sheriff to keep levied keep in the said book mentioned in section 3 of this statement of Ordinance a statement according to form B in the schedule hereto showing in respect of any debtor on whose property. money has been levied the following particulars :

(u) The amounts levied and the dates of levy;
(b) Each execution in his hands at the time of entering the

notice form A required by section 3 hereof or subse-
guently received during the month, the amount thereof
for debt and costs and the date of receipt and such
stateinent shall be amended from time to time as an
additional amount is levied or a new execution is re-
ceived. No. 25 of 1893, s. 11.

to distribution

13. Where the money levied is insufficient to pay all claims Questions as in full and the sheriff' is bona fule in doubt as to how the pro-Scheme ceeds should be distributed or where any contest arises among the creditors as to the distribution of the proceeds among them Contestation or any other real difficulty arises as to such distribution the sheriff shall prepare a statement of the proceeds in his hands for distribution and the executions in his hands and the amount thereof and such other particulars as may be necessary to explain the contest or difficulty, to be verified by affidavit, and thereupon shall apply to a judge in chambers for a summons calling upon all parties interested to attend before the judge in chambers to settle a scheme of distribution and such summons shall be made returnable at such time and shall be served on such persons and in such manner and time as the judge may direct.

(2) The judge may determine any questions in dispute in a summary manner or may direct an issue or action for the trial thereof and may make such order as to costs of all proceedings as may be just.

(3) In case several creditors are interested in a contestation the judge shall give such directions for saving the expense of an unnecessary number of parties and trials or of unnecessary proceedings as may be proper and shall direct by whom and in what proportions costs incurred shall be paid and may make such costs a first charge on the moneys levied or otherwise

direct that they shall be paid out of the said moneys or out of the share or shares of any one or more of the creditors interested in the same or by any party to such contestation. No. 13 of 1898, s. 5.

Sheriff to give 14. The sheriff shall at all times, without fee, answer any nformation

reasonable question which he may be asked orally in respect to the estate of the debtor by a creditor or any one acting on behalf of a creditor and shall facilitate the obtaining by him of full information as to the value of the estate and the probable dividend to be realised therefrom in his district or any other information in connection with the estate which the creditor may reasonably desire to obtain. No. 25 of 1893, s. 13.

Undisposable money to be

15. In case a sheriff has money in his hands which hy reaplaced in bank son of the provisions of this Ordinance or otherwise he cannot

imme liately pay over to the execution creditors he shall deposit the money in some incorporated bank designated for this purpose from time to time by order of the judge or where no such order is made then in some incorporated bank in which the public money of the judicial district is then being deposited and such deposit shall be made in the name of the sheriff in trust. No. 25 of 1893, s. 14.

Irregularities not to void proceeding

16. No proceeding under this Ordinance shall be void for any defect of form and the rules for amending or otherwise curing irregularities or defects which may from time to time be in force in the Supreme Court of the North-West Territories shall apply to this Ordinance and any proceedings wrongfully taken under this Ordinance may be set aside by the judge with or without costs as he may think fit. No. 25 of 1893, s. 15.

When Ordinance

of claim

17. The provisions of this Ordinance shall not apply to the inapplicable proceeds of any seizure allowed under section 4 of chapter 27 of The Consolidated Ordinances. No. 25 of 1893, s. 16.

. . Employees to 18. All persons in the employment of an execution debtor bare priority at the time of the notice inentioned in subsection (a) of section

3 of this Ordinance or within one month before such notice, who shall become entitled to share in the distribution of money leried out of the property of a debtor, shall be entitled to be paid out of such money the wages or salary due to them by such judginent debtor, not exceeding one month's wages or salary, in priority to the claims of the other creditors of the execution debtor and shall be entitled to share pro rata with such other creditors as to the residue, if any, of their claim. No. 25 of 1893, s. 17.

a

SCHEDULE

FORM A.

SHERIFF'S NOTICE.

Notice is hereby given that I have by virtue of certain executions delivered to me against the goods and chattels (or lands) of C.D., levied and made out of the property of the said C.D. the sum of $

And notice is further given that this notice is first entered in my office on the

day of

1 and that unless otherwise ordered distribution of the said money will be made amongst the creditors of the said C.D. entitled to share therein at the expiration of two months from the day of 1

T.G.

Sherift. Dated, etc.

[blocks in formation]

$400

$20.00

1 May, 1893. 3 May, 1893. Nothing made against E.G.

30 Feb'y, 1893

$200.00

F. G. vs. C. D. Fi-fa lands.

and E. G.

CHAPTER 27.

An Ordinance exempting certain Property from Seizure

and Sale under Execution.

THE
HE Lieutenant Governor by and with the advice and con-

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

SHORT TITLE.

1. This Ordinance may be cited as “ The Exemptions Orili- Short title nance." No. 14 of 1898, s. 2.

EXEMPTIONS.

2. The following real and personal property of an execution Exemption

from seizure debtor and his family is hereby declared free from seizure by virtue of all writs of execution, namely:

1. The necessary and ordinary clothing of himself and his family ;

2. Furniture, household furnishings, dairy utensils, swine and poultry to the extent of five hundred dollars ;

3. The necessary food for the family of the execution debtor during six months which may include grain and flour or vegetables and meat either prepared for use or on foot;

4. Three oxen, horses or mules or any three of them, six cows, six sheep, three pigs and fifty domestic fowls besides the animals the execution debtor may have chosen to keep for food purposes and food for the same for the months of November, December, January, February, March and April, or for such of these months or portions thereof as may follow the date of seizure provided such seizure be made between the first day of August and the thirtieth day of April next ensuing;

5. The harness necessary for three animals, one waggon or two carts, one mower or cradle and scythe, one breaking plough, one cross plough, one set of harrows, one horse rake, one sewing machine, one reaper or binder, one set of sleighs and one seed drill;

6. The books of a professional man ;

7. The tools and necessary implements to the extent of two hundred dollars used by the execution debtor in the practice of his trade or profession ;

8. Seed grain sufficient to seed all his land under cultivation not exceeding eighty acres, at the rate of two bushels per acre, defendant to have choice of seed, and fourteen bushels of potatoes ;

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