AD. 1901.]
CODE OF CIVIL PROCEDURE.
733
[No. 3.
the judgment, the Court shall, subject to the proviso hereinafter contained, proceed to investigate the same, with the like powers as if the claimant had been originally made a defendant to the action.
(2.) If on the investigation it appears to the Court that the property was not in the possession of the judgment debtor or of some person in trust for him, or in the occupancy of some person paying rent to him, at the time when the property was attached, or that, being in the possession of the judgment debtor at such time, it was so in his possession not on his own account or as his own property but on account of or in trust for some other person, the Court shall make an order for releasing the property from attachment.
(3.) If on the investigation it appears to the Court that the property was in the possession of the judgment debtor on his own account or as his own property and not on account of or in trust for any other person, or was in the possession of some person in trust for him, or in the occupancy of some person paying rent to him, at the time when the property was attached, the Court shall disallow the claim. The party against whom such order of disallowance is made shall be at liberty to bring an action to establish his right at any time within three months from the date of the order.
(4.) Any such claim or objection shall be made at the earliest opportunity, by notice in writing filed in the Registry and supported by affidavit; and if the property to which the claim or objection applies has been advertised for sale, the sale may (if it appears necessary) be postponed for the purpose of making the investigation: Provided that no such investigation shall be made if it appears that the making of the claim or objection was designedly and unnecessarily delayed, with a view to obstruct the ends of justice, and in such case the claimant shall be left to prosecute his claim, if he thinks fit, by an action in the ordinary way.
424. Where movable property has been taken in execution under the process of the Court, and any claimant alleges that he is entitled, under a bill of sale or otherwise, to the property by way of security for debt, the Court may order the sale of the whole or a part thereof, and direct the application of the proceeds of the sale in such manner and upon such terms as may be just.
s. 77.
Power to order sale of movable property taken and claimed by third party.
O. 57 r. 12.
Giving of notice by Bailiff of claim to movable property taken in execution.
425.--(1.) Where a claim is made to or in respect of any movable property taken in execution under the process of the Court it shall be in writing, and on the receipt of the claim the Bailiff shall forthwith give notice thereof to the execution creditor, and the execution creditor shall, within four days after receiving the notice, give notice to the Bailiff that he admits or disputes the claim.
4.
Ib. r. 16.