40
CAP. 6
Bankruptcy
[1986 Ed.
Duties of bailiff as to goods taken in execution. 1914 c. 59, s. 41(1).
receiving order and before notice of the presentation of any bankruptcy petition by or against the debtor, or of the commission of any available act of bankruptcy by the debtor,
(2) For the purposes of this Ordinance, an execution shall be deemed to be completed—
(a) in the case of movable property in the possession of the debtor or of negotiable instruments or of money, by receipt or recovery by the judgment creditor of the full amount of the levy, after due compliance by the bailiff with the provisions of section 46
(b) in the case of movable property to which the debtor is entitled subject to a lien or right of some person to the immediate possession thereof, by attachment by prohibitory order and sale;
(c) in the case of lands, houses or other immovable property or any interest therein, either at law or in equity, by attachment by prohibitory order or charging order and due registration thereof in the appropriate Land Office, or by the appointment of a receiver; (Amended, 14 of 1973, s. 2)
(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 attachment by prohibitory order duly obtained and served. (Amended, 14 of 1973, s. 2)
(3) An execution completed as aforesaid is not invalid by reason only of its being an act of bankruptcy, and a person who purchases the goods in good faith under a sale by the bailiff shall in all cases acquire a good title to them against the trustee in bankruptcy.
(4) The rights conferred by this section on the trustee in relation to executions against the property of the debtor and attachment of debts due to the debtor may be set aside by the court in favour of the creditor to such extent and subject to such terms as the court may think fit. (Added, 47 of 1984, s. 6)
46. (1) Where any movable property or negotiable instruments or money of a debtor are taken in execution, and before the receipt or recovery by the judgment creditor of the full amount of the levy, notice is served on the bailiff that a receiving order has been made against the debtor, the bailiff shall on request deliver the movable property, negotiable instruments or money, or any money received in satisfaction or part satisfaction of the execution, to the