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The Executions Amendment Act

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S.M. 1998, c. 16

THE EXECUTIONS AMENDMENT ACT


 

(Assented to June 29, 1998)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. E160 amended

1         The Executions Act is amended by this Act.

2         Section 3 is amended

(a) in the section heading of the English version, by striking out "goods" and substituting "property";

(b) by adding "or other property" after "goods and chattels"; and

(c) by striking out "money levied from the property of any such debtor" and substituting "money seized or realized from the seizure".

3(1)      The section heading for subsection 5(1) is repealed and "Effect of writ on goods and chattels" is substituted.

3(2)      Subsection 5(3) is renumbered as section 2.1.

4         Subsection 7(1) is repealed and the following is substituted:

Money, securities and instruments subject to seizure

7(1)      The sheriff shall seize and take any money and bank notes of the judgment debtor against whom the writ is issued, and any mortgages of real or personal estate, cheques, bills of exchange, bonds, promissory notes or other securities for money, including credit card receipts and similar instruments, of the debtor or in which the debtor has an interest.

5(1)      Subsection 16(1) is amended

(a) by repealing the section heading and substituting "Sheriff to provide inventory of seized property";

(b) by adding "or other property" after "seizes goods or chattels"; and

(c) by striking out "the goods or chattels" and substituting "the property".

5(2)      Subsection 16(2) is amended

(a) by repealing the section heading and substituting "Sheriff to give notice before disposing of property";

(b) by striking out "any effects under a writ of execution until he" and substituting "or dispose of property that is seized under a writ of execution until he or she"; and

(c) by striking out "the effects have" and substituting "the property has".

6         Section 17 is amended

(a) in the section heading of the English version, by striking out "goods" and substituting "property";

(b) by striking out "goods seized" and substituting "property seized";

(c) by striking out "goods on hand" and substituting "property on hand"; and

(d) by striking out "goods were offered" and substituting "property was offered".

7         Section 19 is amended by adding "seized or" after "what is".

8(1)      Subsection 20(1) is amended

(a) by repealing the section heading and substituting "Sheriff to give notice of money realized";

(b) by striking out "realizes any moneys" and substituting "seizes or realizes money"; and

(c) by adding "seized or" after "amount of money".

8(2)      Subsection 20(4) is amended

(a) in the English version, by striking out "the moneys" and substituting "the money";

(b) by striking out "moneys that he may in the meantime have realized" and substituting "money later seized or realized"; and

(c) in the English version, by striking out "moneys subsequently realized".

9         Section 34 is amended by striking out "chattels, or effects," and substituting "chattels or other property that is".

10        The definition "civil enforcement proceeding" in section 40 is amended in the part preceding clause (a) by striking out "other than money".

11        The following is added after clause 45(h):

(h.1) the seizure, holding and handling of money, securities and instruments referred to in subsection 7(1);

Coming into force

12        This Act comes into force on the day it receives royal assent.