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THE

CHAPTER 24.

An Ordinance respecting Commissioners to

Administer Oaths.

HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows:

to be

1. All duly enrolled advocates of the Territories shall be Advocates commissioners for taking affidavits in the said Territories. commissioners C.O., c. 24, s. 1.

Lieutenant
Governor may

commissioners

2. The Lieutenant Governor may be a commission or commissions under his hand and the seal of the Territories from appoint 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. C.O., c. 24, s. 2.

of com-
out of

3. The Lieutenant Governor may by a commission or com- Appointment missions under his hand and the seal of the Territories from missioners time to time empower such and so many persons as he thinks Territories fit and necessary to administer oaths and take and receive affidavits, 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 affirmed 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 "Commissioners for taking affidavits in and for the Supreme Court of the Territories." C.O., c. 24, s. 3.

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An Ordinance respecting Notaries Public.

THE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows:

Appointments 1. The Lieutenant Governor in Council may appoint by 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 [British subjects] actually residing within the said Territories. C.O., c. 25, s. 1; 1903, 1st session, c. 10, s. 1.

Powers

Fee for commissioners

Duration of commission

Date of expiration of

commission to be noted on certificate

2. Every such notary shall have, use and exercise the power 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. C.O., c. 25, s. 2.

3. For every commission issued under this Ordinance there shall be payable the sum of $10 to the general revenue fund of the Territories [or such less sum as may be fixed by the Lieutenant Governor in Council.] C.O., c. 25, s. 3; 1903, 1st session, c. 10, s. 2.

[4. Every commission issued under section 1 of this Ordinance unless issued to an advocate of the North-West Territories and unless it is sooner revoked shall if the same has been issued before the passing of this Ordinance expire on the 31st day of December, 1905, and shall if the same is issued after the passing of this Ordinance expire at the expiration of two years from the 31st day of December of the year in which it is issued.] 1903, 1st session, c. 10, s. 4.

[5. Any notary public whose commission expires under the terms of the next preceding section shall write or stamp on every affidavit, declaration or other certificate taken or given by him the date on which such commission expires.

(2) Any notary public failing to comply with the provisions of this section shall be liable on summary conviction to a fine not exceeding $10 and costs.] 1903, 1st session, c. 10, s 5.

CHAPTER 26.

An Ordinance to abolish Priority among Execution

THE

Creditors.

HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories. enacts as follows:

SHORT TITLE.

1. This Ordinance may be cited as "The Creditors' Relief Short title Ordinance." C.O., c. 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 for the time being; the expression "judge" shall mean a judge of the Supreme Court of the North-West Territories. C.O., c. 26, s. 2.

PROCEDURE UNDER EXECUTIONS. DISPOSITION OF MONEYS

REALIZED.

abolished

3. Subject to the provisions hereinafter contained there Priorities shall be no priority among creditors by execution from the Supreme Court of the North-West Territories.

made

notice

(a) In case a sheriff levies money upon an execution against When levy the property of a debtor he shall forthwith enter in a book to be kept in his office open to public inspection without charge a notice stating that such levy has been made and the amount Sheriff to give 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 Rateable 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 :

Provided that if money is realized by sale of lanas 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.

distribution

(b) The notice shall state the day upon which it was Form of notice entered and may be in form A given in the schedule hereto.

Interpleader proceedings

Persons

entitled after

Sheriff's entry, where money paid into Court

Carriage of interpleader proceedings Costs

Procedure where second levy made

Part of execution debt paid before sale

(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 necessary to satisfy their executions:

Proceeds of
land available
under execution
goods, etc.

Costs made preference

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.

(d) In case the sheriff shall subsequently to the entry of the notice but within the two months levy a further amount 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.

(e) In case a debtor voluntarily and without any sale by the sheriff pays to the sheriff part of the amount owing in respect of an execution in the sheriff's hands and there is at the time no other execution in the sheriff's hand 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 creditors who have executions against goods or lands or against goods only or lands only shall be entitled to share rateably with all others any moneys realized under execution either against goods or lands or against both. C.O., c. 26, s. 3.

4. When the amount levied by the sheriff is not sufficient to 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. C.O., c. 26, s. 4.

proceedings

5. Moneys realized by the sheriff as the result of attachment Attachment of personal property shall be distributable under the provisions of this Ordinance. C.O., c. 26, s. 5.

creditors alone

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 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., c. 26, s. 6.

Full amount of execution

sale

7. In case the debtor without any sale by the sheriff pays the full amount owing in respect of the executions in the paid without 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.

where writ

(2) Save as aforesaid after an execution has been filed with Procedure the sheriff the withdrawal or expiry of the writ upon which stayed 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., c. 26, s. 7.

belonging to

debtor

8. Where there is in any Court a fund belonging to an Fund in Court execution debtor and to which he is entitled the same or a suf- execution ficient part thereof to pay the executions in the sheriff's hands ray 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., c. 26, s. 8.

sufficient, all

9. One seizure by the sheriff of the goods and lands of the One seizure debtor shall be deemed sufficient and shall be deemed a seizure executions on behalf of all creditors sharing under such seizure as here- sharing inbefore provided. C.O., c. 26, s. 9.

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