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C-78 - Forestry Credit Act

Section 40
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40. If the proof establishes that the application is well founded, the judge or, as the case may be, the clerk of the Superior Court shall order forced execution against the property offered as security.
The notice of execution prepared in accordance with the Code of Civil Procedure (chapter C-25.01) shall contain a description, in accordance with articles 3032, 3033, 3036 and 3037 of the Civil Code, of the hypothecated immovable and a description of any movable property offered as security; it shall be executed by the bailiff and the amount due shall be levied with legal costs.
1975, c. 33, s. 40; 1999, c. 40, s. 97; I.N. 2016-01-01 (NCCP).
40. If the proof establishes that the motion is well founded, the judge or, as the case may be, the clerk of the Superior Court shall order the issue of a writ of seizure in execution against the property offered as security.
Such writ shall contain a description, in accordance with articles 3032, 3033, 3036 and 3037 of the Civil Code, of the hypothecated immovable and a description of any movable property offered as security; it shall be executed by the sheriff or one of his officers and the amount due shall be levied with costs.
1975, c. 33, s. 40; 1999, c. 40, s. 97.
40. If the proof establishes that the motion is well founded, the judge or, as the case may be, the prothonotary shall order the issue of a writ of seizure in execution against the property offered as security.
Such writ shall contain a description, in accordance with article 2168 of the Civil Code of Lower Canada, of the hypothecated immovable and a description of any movable property offered as security; it shall be executed by the sheriff or one of his officers and the amount due shall be levied with costs.
1975, c. 33, s. 40.
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