79
CurrentCheques etc., consequences of seizing
Part 4Enforcing monetary judgments
Division 6Seizing and selling a judgment debtor’s property
Subdivision 2Seizing and selling personal property
79 Cheques etc., consequences of seizing
(1)
If a cheque, bill of exchange, promissory note, bond, specialty, or other security for money, is seized under a property (seizure and sale) order, the sheriff may receive any money payable under it from the person liable to pay and may, when payment of the money is due —
(a)
demand payment; and
(b)
sue the person liable to pay.
(2)
For the purposes of receiving payment under any record referred to in subsection (1), the sheriff is to be taken to be the agent of the judgment debtor.
(3)
Payment to the sheriff by the person liable to pay under such a record discharges the person’s liability to pay to the extent of the payment.
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