« PreviousContinue »
(Obligatory part, same as Form E.] Whereas certain property, described in the Schedule hereunto annexed, has been seized by the said Sheriff under a Writ of Attachment issued out of the Supreme Court, (or as the case may be,) in a suit brought by (plaintiff) against
(defendant), which property is owned by the said (defendant) jointly with the above named (the principal obligor), and has been delivered by the said Sheriff to the said
[the principal obligor). Now the condition of the above obligation is, that if the said (principal obligor) shall restore the said property to the said Sheriff, or his successor in office for the time being, in like good order as the same now is, or pay to the said Sheriff, or his successor in office for the time being, the appraised value of the said
[defendant's] share or interest therein, or satisfy all judgments to the amount of the said appraised value, as shall be recovered in the suit or suits in which the said property is attached, provided the same be demanded within the time during which the said property would have been held by the respective attachments, then the above obligation to be void, otherwise to remain in full force and effect. Signed, sealed, &c. (Schedule of Property referred to.]
(H) Assignment of Bonds E, F, f. G. In obedience to the Order of the Supreme Court, (or, of Mr. Justice , or, of the County Court of , as the case may be,) I, A. B., Sheriff of the County of do hereby assign the within Bond to the within named
· Sealed with my seal and dated the day
(Obligatory part, same as Form E.] Whereas the above named [claimant] has claimed certain property, described in the Schedule hereto :innexed, seized by the above named Sheriff under a Writ of Attach
ment issued out of the Supreme Court, (or as the case may be,) in a suit wherein is plaintiff and is defendant, and the said property has been delivered by the said Sheriff to the said
(claimant: Now the condition of the above obligation is, that if the said
(claimant] shall pay to the said Sheriff, or his successor in office for the time being, the value of the said property, and also the costs of contesting the claim to the same, in case the said claim is found against the claimant on the trial thereof, then the above obligation shall be void, otherwise the same shall remain in full force and effect. Signed, sealed, &c. (Schedule of Property referred to.]
Assignment of Bond I. J, A, B., Sheriff of the County of ,do hereby assign the within Bond to the within named (plaintiff in suit. -Sealed with my seal, and dated the day of , A. D. 18 .
A. B., Sheriff.
Execution for Costs. VICTORIA, by the Grace of God, &c.
To the Sheriff of the County of You are hereby required to levy of the goods and chattels (lands and tenements) of in your bailiwick, the sum of
which has been awarded to for costs, under the provisions of Chapter 42 of the Consolidated Statutes, and to pay the same to the said
, and make return hereof, and of your doings herein, before us, at Fredericton, on, &c. (a return day in Term).
Witness the Honorable John C. Allen, Chief Justice, at Fredericton, the day of in the year of our Reign.
Indorsed Levy as within directed, for $ , besides Sheriff's poundage and other expenses.
All writs issued from a County Court under the provisions of this Chapter, shall be in similar form, as near as may be, as prescribed in the Schedule, and shall be tested in the name of the Judge of the Court.
GARNISHEE OR TRUSTEE PROCESS. Section.
Section. 1 When primary creditor may re- 20 Execution not to issue except for cover from garnishee.
money due. Attachment of Debts on Judgment. 21 Person interested in money bound 2 Examination of primary debtor. in hands of garnishee,may apply 3 Proceedings for attaching order. to County Court Judge for order 4 Service of same on garnishee, to discharge the same. effect of.
22 When the Judge may require 5 After service garnishee may not bond from primary creditor ;
pay, except to primary creditor. how and when put in suit. · 6 County Court Judge inay order 23 When person other than primary
garnishee to appear and shew creditor or primary debtor claim cause against paying primary debt due by garnishee, Judge creditor.
may summon parties before him 7 Proceedings on hearing under and decide on claim. such order.
24 Judge may postpone hearings, 8 When garnishee disputes his lia. allow time for defence, &c. bility.
25 When payment by garnishee a 9 Out of what Court garnishee sun good discharge as against primons may issue.
nary debtor. Attachment of Debts before Judg. 26 Debt or legacy due from executor ment.
may be attached. 10 Proceedings for attaching order. 27 & 28 Proceedings where garnishee 11 Service of Summons and Memo- dies before judgment against him
randum on garnishee ; on prim. 29 Notice of proceedings to be given ary debtor unless dispensed to primary debtor; exception. with.
Bond from primary creditor 12 Hearing of Summons issued under when notice not given.
the 8th and 10th Sections ; pro- 30 General power of Judge to make ceedings thereon.
orders. 13 Matter may be submitted to a jury 31, 32 & 33 Mode of attaching 14 Record and notices of defence in moneys, &c. secured by mort. such cases.
gage, &c.; proceedings hereon. 15 Entry of finding of Jury; July. 34 Appearance to be as in niesne ment; Execution,
process General Provisions. 35 Judge may order hearing before 16 What defence primary debtor, a Jury.
garnishee, or persons interested, 36 Construction of the word "Judge' may set up.
as used herein. 17 Payment of sum garnished, on 37 Commissioner hereunder.
judgment for primary creditor. 38 Wages to extent of $20.00 exempt 18 When garnishee liable for costs; from garnishment.
when he shall have costs. 39 When persons shall not be ad. 19 Proceedings antecedent to sign judged garnishees. ing judgment against garnishee. 40 General Rules and Table of Fees.
Schedule. 1. When any action is commenced in respect to any cause of action for which a writ of attachment may issue, and any debt or sum of money is due or owing to the debtor from any other party, it shall be lawful for the party to whom súch first cause of action subsists, (hereinafter designated the primary Creditor), to attach and recover in the manner hereinafter provided, any debt or sum of money due or owing to his debtor (hereinafter designated the Primary Debtor) from
any other party (hereinafter designated the Garnishee), or sufficient thereof to satisfy the claim of the Primary Creditor, subject always to the rights of other parties to the debts or sums of money owing from such Garnishee, and it is hereby declared that all the provisions of this Chapter shall extend to all moneys or debts due to the Primary Debtor from or by any foreign Company doing business within this Province by an authorized agent, so far as it may be necessary to reach the moneys or effects of such Company in the hands or under the control of such agent.
ATTACHMENT OF DEBTS ON JUDGMENT. 2. Any Primary Creditor, who has obtained a judgment in the Supreme Court or any County Court, may apply to the Judge of the County Court, or, if he do not reside in the County, then to the Clerk of the Peace, for an order that the primary judgment debtor shall be orally examined on oath before the Judge of the County Court or Clerk of the Peace as to any and what debts or sums of money are owing to him, and the Judge or Clerk of the Peace may make such order for the examination of the primary judgment debtor naming the time and place thereof, and for the production of any books or documents, and the examination shall be conducted in the same manner as in case of an oral examination of an opposite party; such order shall be personally served on the judgment debtor, and disobedience by him shall be punishable in case of the order of the Judge, as in other cases of disobedience of a Judge's order, and in case of disobedience to the order of the Clerk of the Peace, by the Judge of the County Court by Attachment, on affidavit of the facts.
3. After a judgment has been obtained in the Supreme Court, or in any County Court, application may be made es parte to any Judge of a County Court, by or on behalf of the primary creditor, and either before or after the oral examination mentioned in the preceding Section, on affidavit that said judgment was recovered, and when; and that the whole or some part, and how much thereof remains unpaid and unsatisfied, and that the deponent has reason to believe, and does believe, that some one or more parties (naming them, or stating that he is unable to name them), is or are within the Province, and is or are indebted to or are liable to pay a sum of money to the primary debtor, for an attaching order (which order said Judge is hereby authorized to make) to the effect that all debts or sums of money owing to the primary debtor, whether due or not due, be attached to satisfy said judgment, which order may be in the form (A), in the Schedule to this Chapter. Such attaching order may be served and shall have force in any County of the Province.
4. The service of such attaching order on any garnishee shall have the effect (subject to the rights of other parties) of attaching and binding in his hands all debts and sums of money then owing from him to the primary debtor, or sufficient thereof to satisfy such judgment, and a payment by the garnishee into the Court in which the judgment has been obtained, or on the order of a Judge of the County Court to the primary creditor, of the debt or sums of money so attached to the extent unsatisfied on such judgment, shall be a discharge to that extent of the debt or sum of money ow. ing from the garnishee to the primary debtor.
5. Any payment by the garnishee after service on him of such order, to any other one than the primary creditor or into Court, to satisfy the said judgment, shall, to the extent of the primary creditor's claim, be void ; and the garnishee shall, notwithstanding such payment, be liable to pay the same to the extent of the primary creditor's claim, if of sufficient amount, or if not then to the extent of the debt or sum of money owing by the garnishee to the primary debtor.
6. The Judge of the County Court by the attaching order, or by any subsequent order, may order that the garnishee shall appear before him or before the Clerk of the Peace to shew cause why he should not pay the primary creditor the debt or sum of money owing from him to the primary debtor, or of so much thereof as may be sufficient to satisfy the judgment debt.
7. At the hearing under the said order, if the garnishee appear and do not dispute the debt or sum of money due or claimed to be due from him to the primary debtor, or if the garnishee do not appear, then upon due proof by affidavit of the service of the order, and on sufficient proof by affidavit or oral eridence of the amount owing by the garnishee to the primary debtor, and no sufficient cause appearing why