purchaser at

24. A mortgagee of lands and tenements so sold, or the Mortgagee heirs or assigns of the mortgagee (being or not being plaintiff may become or defendant in the judgment whereon the writ of execution sheriffs' sale. under which the sale takes place has issued), may be the purchaser at the sale, and shall acquire the same estate, interest and rights thereby as any other purchaser; but in the event of the mortgagee becoming the purchaser, he shall give to the mortgagor a release of the mortgage debt; and if another person becomes the purchaser, and if the mortgagee enforces payment of the mortgage debt against the mortgagor, then the purchaser shall repay the debt and interest to the mortgagor, and in default of payment thereof within one month after demand, the mortgagor may recover the debt and interest from the purchaser, and shall have a charge therefor upon the mortgaged lands. R. S. O. 1877, c. 66, s. 37.

2. Contingent Interests.

8. 9, to be

execution.

25.-(1) Any estate, right, title or interest in lands which, Any estate which may be under section 9 of The Act respecting the Transfer of Real conveyed, etc., Property, may be conveyed or assigned by any person, or over under Rev. which he has any disposing power which he may, without the Stat. c. 100, assent of any other person, exercise for his own benefit, shall liable to be liable to seizure and sale under execution against such person, in like manner and on like conditions as lands are by law liable to seizure and sale under execution, and the sheriff selling the same may convey and assign the same to the purchaser in the same manner and with the same effect as the person might himself have done. R. S. O. 1877, c. 66, s. 39.

(2) The right of a married woman to dower shall not here- Except inchoafter be deemed seizable or saleable under execution before the ate right of death of her husband. 50 V. c. 8, sched.

dower.

SALES AGAINST EXECUTORS.

26. The title and interest of a testator or intestate in real Interest in real estate to be

manner

against an executor.

estate may be seized and sold under a judgment and execu- seizable on a tion recovered by a creditor of the testator or intestate, judgment against his executor or administrator, in the same and under the same process that the same could be sold under a judgment and execution against the deceased, if living. R. S. Ŏ. 1877, c. 66, s. 40. See also Rev. Stat. Cap. 110, s. 14.

Short title.

Interpretation.

ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. This Act may be cited as "The Creditors' Relief Act." 43 V. c. 10, s. 1.

2. In this Act the word" sheriff" shall include coroners; the word "judge" shall mean the judge of the county court of the county or district in which the claims are filed, and shall include a junior or deputy-judge, or a judge of another county authorized to act for the judge of the county court in which the claims are filed. If a judge is disqualified to act in a matter

arising under this Act, the Judge of the County Court of an adjoining county shall have jurisdiction to act in his place. 43 V. c. 10, s. 2.

3. Subject to the provisions hereinafter contained, there Priority shall be no priority among creditors by execution from the abolished. High Court or County Courts. 43 V. c. 10, s. 4.

notice

4.-(1) In case a sheriff levies money upon an execution Sheriff, after against the property of a debtor, he shall forthwith enter in a levy, to enter book to be kept in his office, open to public inspection without thereof. charge, a notice stating that such levy has been made, and the amount thereof; and the money shall thereafter be distributed ratably, amongst all execution creditors and other creditors Distribution. whose writs, or certificates given under this Act, were in the sheriff's hands at the time of the levy, or who shall deliver their writs or certificates to the said sheriff within one month from the entry of notice; subject, however, to the provisions hereinafter contained as to the retention of dividends in the case of contested claims, and to the payment of the costs of the creditor under whose writ the amount was made.

notice.

(2) The notice shall state the day upon which it was entered Form of and may be in Form A, given in the schedule hereto. 43 V. c. 10, s. 5 (1, 2); 49 V. c. 16, s. 35.

case of inter

(3) Where proceedings are taken by the sheriff or other officer Rights of for relief under any provisions relating to interpleader, those creditors in creditors only who are parties thereto and who agree to contri- pleader probute pro rata (in proportion to the amount of their executions ceedings. or certificates) 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 necessary to satisfy their executions or certificates. The Court or Judge may direct that one creditor shall have the carriage of the interpleader proceedings on behalf of all creditors interested, and the costs thereof, as between solicitor 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 or certificates. 50 V. c. 8, Sched.

(4) In case the sheriff shall, subsequently to the entry of Provisions in the notice, but within the month, levy a further amount case of subsequent levy. from the property of a 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 month 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 a month 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. 43 V. c. 10, s. 5 (3).

[As to rights of employees of execution debtors, see Cap. 127.]

Service on solicitor.

Proceedings where debtor allows execu

5. No creditor shall be entitled to share in the distribution of money levied from the property of a debtor unless either by the delivery of a writ of execution, or otherwise under this Act, he has established a claim against the debtor either alone or jointly with some other person. 43 V. c. 10, s. 6.

6. If a debtor permits an execution issued against him under which any of his goods or chattels are seized by a tions to remain sheriff, to remain unsatisfied in the sheriff's hands till within

unsatisfied.

Affidavit by creditor.

Service on debtor.

Notice by debtor of address for service.

two days of the time fixed by the sheriff for the sale thereof, or for twenty days after the seizure, or allows an execution against his lands to remain unsatisfied for nine months after it is placed in the sheriff's hands, the proceedings hereinafter authorized may be taken by other creditors as claimants in respect of debts which are overdue. 43 V. c. 10, s. 7, 1st part.

7.-(1) An affidavit to the effect of form B, in the schedule to the Act, of the debt and the particulars thereof, may be made in duplicate by the creditor, or by one of the creditors in case of a joint debt, or by a person cognizant of the facts. Prior to or simultaneously with the filing with the clerk of the County Court of the affidavit, there shall be filed with the clerk the certificate of the sheriff, or an affidavit, shewing that such proceedings have been had against the debtor as entitle the creditor to proceed under this Act.

(2) The claimant is to serve on the debtor one of the. duplicates, and a notice stating that the claimant intends to file the other duplicate with the clerk of the County Court by reason of there being in the sheriff's hands a writ of execution against the goods and chattels (or lands) of the debtor, and that the claimant intends to call on the sheriff to levy the said debt out of the property of the debtor under the authority of this Act: which notice is to contain the other particulars, and may be in the form C, given in the schedule to this Act. The notice may be either attached to the affidavit served, or endorsed thereon; where the affidavit is to be served out of Ontario the Judge shall limit the time at which the next step may be taken by the claimant as hereinafter provided. 43 V. c. 10, s. 7 (1, 2).

8. (1) An execution debtor may give notice in writing to the sheriff that any claims to be served upon him may be served upon any solicitor in the Province, whose name and address shall be given, or by mailing the same to an address stated in the notice the sheriff shall thereupon enter the notice in the said book, and so long as any execution, which was in the sheriff's hands at the time the notice was given shall remain in his hands, shall repeat such entry immediately below any notice (Form A) given in respect of the execution, unless the notice be revoked in writing, in which case the entry or entries thereof shall be marked "revoked;"

tribution.

(2) So long as the notice remains unrevoked as aforesaid, Who entitled an affidavit of claim and accompanying notice under this to share in disAct, may be served upon an execution debtor by serving the same upon the solicitor in accordance with this Act, where a solicitor is named, or if mailing is required, then by mailing the same, enclosed in an envelope, prepaid and registered, to the address given in the notice.

claimant.

(3) In case the notice (Form C) served on a debtor does not Service on state some place in or within three miles of the county town of the county in which the proceedings are being taken, at which service may be made upon the claimant, or does not give the name and address of some solicitor in the Province who may be served in the claimant's behalf, service of any notice, paper or document requiring service may be made upon the claimant by mailing the same, prepaid and registered, enclosed in an envelope addressed to the claimant at the county town.

be filed with

(4) The claimant is to file with the clerk of the County Affidavits te Court of the County, the sheriff of which has the execution, clerk of county one of the said duplicate affidavits of claim, and a copy of the court. said notice, with an affidavit of due service; which affidavit may be in the Form D.

vice.

(5) The copy of affidavit and the notice shall, where prac- Mode of serticable, be personally served upon the debtor; but if it be made to appear to a Judge that the claimant is unable to effect prompt personal service, the Judge may order substituted or other service, or may appoint some act to be done which shall be deemed sufficient service. 43 V. c. 10, s. 7 (3-7).

upon

creditor where

9.-(1) If the claim is not contested in manner hereinafter Certificate to mentioned, the County Court clerk-after ten days from the be given to day of personal service, or service under sub-section 2 of section claim not dis8, or within the time mentioned in the order (as the case may be), puted. on application and the filing with him of proof of personal service the debtor of an affidavit and notice in accordance with this Act, or proof of compliance with a Judge's order in that behalf, or upon the determination of the dispute in favour of the claimant, either in whole or in part-shall deliver to the creditor, or any one on his behalf, a certificate to the effect of Form E, in the schedule hereto; and in case the claim is only disputed as to a part, the creditor may elect, by a writing filed with the clerk, to abandon such part and obtain a certificate as to the residue.

tificate.

(2) This certificate is to be delivered to the sheriff, and Effect of certhereby from the time of the delivery the claimant shall be deemed to be an execution creditor within the meaning of this Act, and to be entitled to share in whatever is made under the executions of creditors in the sheriff's hands, as if he had delivered to the sheriff an execution against lands or goods, or both, as the case may be, and the certificate is in like manner to bind the lands and goods of the debtor; subject, however, to the debt being afterwards disputed as hereinafter provided for.