Sale of
property in execution of judgment.
(Cap. 32.)
(Cap. 6.)
8
notice that that writ or any other such writ by virtue of which the goods of the execution debtor might be seized or attach had been delivered to and remained unexecuted in the hai of the bailiff.
(3) For the better manifestation of the time mentioned in subsection (1), it shall be the duty of the bailiff (without fee) on receipt of any such writ as is there mentioned to endorse on its back the hour, day, month and year when he received it.
(4) In this section and in section 21D-
(a) “property” means the general property in goods,
and not merely a special property;
(b) "bailiff" includes any officer charged with the en-
forcement of a writ of execution;
(c) any reference to the goods of the execution debtor is to be deemed a reference to property liable to attachment and sale in execution of a judgment; (d) an act shall be treated as done in good faith if it is in fact done honestly, whether it is done negligently or
not.
21D. (1) The following property is liable to attachment and sale in execution of a judgment, namely, land, goods, money, bank notes, cheques, bills of exchange, promissory notes, Government stock, bonds, or other securities for money, debts, shares in the capital or joint stock of any company or corporation, (other than a private company within the meaning of section 29 of the Companies Ordin- ance) and all other property whatsoever, whether movable or immovable, belonging to the judgment debtor, and whether the same is held in his own name or by another person in trust for him or on his behalf:
Provided that the following property shall not be so liable, namely, the tools (if any) of the trade of the judgment debtor and the necessary wearing apparel and bedding of him and his family dependent on and residing with him, to a value, inclusive of tools and apparel and bedding, not exceeding $10,000 in the whole.
(2) Where any goods in the possession of an execution debtor at the time of seizure by the bailiff charged with the enforcement of a writ, warrant or other process of execution, are sold by such bailiff without any claim having been made to them, the purchaser of the goods so sold shall, subject to subsection (3), acquire a good title to such goods and no person shall be entitled to recover against the bailiff, or anyone lawfully acting under his authority, except as pro- vided by section 46 of the Bankruptcy Ordinance, for any
sale of such goods or for paying over the proceeds thereof prior to the receipt of a claim to the said goods, unless it is proved that the person from whom recovery is sought had notice or might by making reasonable inquiry have ascertained that the goods were not the property of the execution debtor:
Enforcement of fines and forfeited recognizances. 1981 c. 54,
s. 140.
Relief against forfeiture by action for
non-payment of rent.
1984 c. 28,
s. 138.
9
Provided that nothing in this subsection shall affect the right of any claimant who may prove that at the time of sale he had title to any goods so seized and sold to any remedy to which he may be entitled against any person other than such bailiff or purchaser as aforesaid.
(3) Notwithstanding the preceding provisions of this section the Court may, subject to rules of court, set aside the sale of any immovable property in execution of a judgment on the ground of material irregularity in the conduct of the sale.
21E. (1) Payment of a fine imposed, or sum due under a recognizance forfeited, by the Court of Appeal in its civil jurisdiction or by the High Court may be enforced upon the order of the Court in like manner as a judgment of the High Court for the payment of money.
(2) Where payment of a fine or other sum falls to be enforced upon an order of the Court of Appeal in its civil jurisdiction or of the High Court-
(a) the Court shall, if the fine or other sum is not paid in full forthwith or within such time as the Court may allow, certify to the Registrar the sum payable; and
(b) the Registrar shall thereupon proceed to enforce payment of that sum as if it were due to him as a judgment debt.
(3) In this section, “fine” includes a penalty imposed in civil proceedings.
21F. (1) This section has effect where a lessor is pro- ceeding by action in the High Court to enforce against a lessee a right of re-entry or forfeiture in respect of any land for non-payment of rent.
(2) If, within the time prescribed by rules of court for acknowledging service of the writ by which the action was commenced, the lessee pays into court all the rent in arrear and the costs of the action, the action shall cease, and the lessee shall hold the land according to the lease without any new lease.
(3) If-
(a) the action does not cease under subsection (2); and
(b) the Court at the trial is satisfied that the lessor is entitled to enforce the right of re-entry or forfeiture,
the Court shall order possession of the land to be given to the lessor at the expiration of such period, but not being less than 4 weeks from the date of the order, as the Court thinks fit, unless within that period the lessee pays into court all the rent in arrear and such sum as the Court shall direct on account of the costs of the action.