393
(d) in the case of an attachment of a debt not being a negotiable instrument, by receipt of the debt;
(e) in the case of shares in any public company or corporation, by attachment by prohibitory order;
(f) in the case of property in the custody or under the control of any public officer in his official capacity or in custodia legis, by attach- ment by prohibitory order duly obtained and served; and
(g) in the case of any equitable interest in lands, houses, or other immovable property, by the appointment of a receiver or manager.
(8) An execution completed as aforesaid is not in- 4 & 5 Cleo. 5 valid by reason only of its being an act of bankruptcy, e. 50, and a person who purchases the goods in good faith s. 40 (3). under à sale by the bailiff shall, in all cases, acquire
a good title to them against the trustee in bankruptcy.
taken in
46. (1) Where any movable property, or negoti- Duties of able instruments, or money, of a debtor are taken in bailiff as execution, and before the receipt or recovery by the to goods judgment creditor of the full amount of the levy, execution, notice is served on the bailiff that a receiving order 4 & 5 Geo. 5, has been made against the debtor, the bailiff shall, e. 59, on request, deliver the movable property, negotiables. 41 (1). instruments, or money, or any money received in satisfaction or part satisfaction of the execution, to the Official Receiver, but the costs of the execution shall be a first charge on the property so delivered, and the Official Receiver or trustee may sell the movable property, or negotiable instruments, or an adequate part thereof, or apply the money, for the purpose of satisfying the charge.
(2) Where, under an execution in respect of a Ordinanco judgment for a sum exceeding one hundred dollars, No. 7 of the property of a debtor is sold or money is paid in 1891,
s. 39 (2). order to avoid sale, the bailiff shall deduct his costs of the execution from the proceeds of sale or the money paid, and pay the balance into court, and, if within fourteen clear days of such sale or payment as aforesaid a bankruptcy petition is presented by or against the debtor, the said balance shall remain in court and if the debtor is adjudged bankrupt the balance shall be paid out to the trustee in the bank- ruptcy, who shall be entitled to retain the same as against the execution creditor, but otherwise it shall be dealt with as if no bankruptcy petition has been presented.
c. 59,
47.-(1) Any settlement of property, not being a Avoidance settlement made before and in consideration of mar- of certain riage, or made in favour of a purchaser or incum- settlements. brancer in good faith and for valuable consideration, 4 & 5 Geo. 5, or a settlement made on or for the wife or children of s 42 (1). the settlor of property which has accrued to the settlor after marriage in right of his wife, shall, if the settlor becomes bankrupt within two years after the date of the settlement, be void against the trustee in the bankruptcy, and shall, if the settlor becomes bankrupt at any subsequent time within ten years after the date of the settlement, be void against the trustee in the bankruptcy, unless the parties claiming under the settlement can prove that the settlor was, at the time of making the settlement, able to pay all his debts without the aid of the property com- prised in the settlement, and that the interest of the settlor in such property passed to the trustee of
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