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52 Court May Order Preference Claim To Extent Of 3 Months’ Wages

In This Volume

  • 52 (1) In the case of a seizure under a writ of execution against goods or an order made for the sale of land, or in the case of a sale of goods or land by a receiver under an order or decree of court or otherwise, a clerk, servant, labourer or worker, to whom the execution debtor or person against whom the process issues is indebted for salary or wages, may apply, or any 2 or more may join in applying, by summons in chambers, to the court out of which the process issues for an order under subsection (2).
  • (2) On an application under subsection (1), the court may order that there be retained by the sheriff out of the proceeds, if any, of the execution, or sale, or by the receiver, in preference to the remainder of the claim of the execution creditor, as much as is due or accruing due at the time of the seizure to the clerk, servant, labourer or worker, from the execution debtor for salary or wages, not exceeding 3 months’ arrears, and taxed costs of and incidental to the application, after paying the execution creditor his or her costs of obtaining judgment and execution, or of the order for sale of land.
  • (3) The sheriff or other officer having charge of the execution, or the receiver, must obey an order under subsection (2) on pain of attachment.