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Adverse claims 124. The Court shall not order any goods to be sold unless to goods seised. satisfied, primâ facie, that they belong to the person against whom execution issued, and are in a place where the Court has the right to exercise jurisdiction.
When sale to he made
custody in ineantime.
Return of warrant.
Payment before sale.
Neglect, con- nivance, or omission of officers.
In what cases.
Where a claim is made by a third party to goods seised in execution, the same, if made by a British subject, shall be de- cided by the Court on summons and in a summary way, as between the claimant and the person prosecuting the decree or
order.
If the claim is made by a foreigner, the Court shall either oblige the person prosecuting the decree or order to establish his claim before selling the goods, or allow him to sell the goods and defend any claim, as appears just.
125. A sale of goods seised in execution shall not be made until after the end of five days at least next following the day of seisure, unless the goods are of a perishable nature, or on the request in writing of the person whose goods have been scised; and until sale the goods shall be deposited by the officer in some fit place, or they may remain in the custody of a fit person approved by the Court and put in possession by the officer,
126. Every warrant of execution shall be returned by the officer, who shall certify thereon how it has been executed.
127. In or on every warrant of execution the Court shall cause to be inserted or indorsed the sum of money and costs adjudged, with the sums allowed as increased costs for the execution of the warrant; and if the person against whose goods execution is issued before actual sale of the goods, pays or causes to be paid into Court, or to the officer holding the warrant, the sum of money and costs adjudged, or such part thereof as the person entitled thereto agrees to accept in full satisfaction thereof, together with all fees, the execution shall be superseded and the goods seised shall be discharged and set at liberty.
128. In case any officer of the Court employed to levy any execution by neglect connivance or omission loses the opportunity of levying the same, then on complaint of the person aggrieved, and on the fact alleged being proved on oath to the satisfaction of the Court, the Court may order the officer to pay such damages as the person complaining appears to have sustained thereby, not exceeding in any case the sum of money for which the execution issued; and the officer shall be liable thereto; and on demand made thereof, and on his refusal to pay the same, payment thereof shall be enforced as any decree or order of the Court directing the payment of:
Summons to Judgment Debtor.
money.
129. Where a decree or order directing payment of money remains wholly or in part unsatisfied (whether a warrant of
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execution has issued or not), the person prosecuting the decree or order may apply to the Court for a summons, requiring the person by whom payment is directed to be made to appear and be examined respecting his ability to make the payment di- rected, and the Court shall, unless it sees good reason to the contrary, issue such a summons.
130. On the appearance of the person against whom the sum- Examination. mous is issued, he may be examined on oath by or on behalf of the person prosecuting the decree or order, and by the Court, respecting his ability to pay the money directed to be paid, and for the discovery of property applicable to such payment, and as to the disposal which he may have made of any property.
He shall be bound to produce on oath or otherwise all books, papers, and documents in his possession or power relating to property applicable to such payment.
He may be examined as to the circumstances under which he contracted the debt or incurred the liability in respect of which the payment of money is by the decree or order directed to be made, and as to the means or expectation he then had of paying the debt or discharging the liability.
He shall be bound to sign his examination when reduced into writing.
Whether the person summoned appears or not, the person prosecuting the decree or order, and all other witnesses whom the Court thinks requisite, may be examined on oath or otherwise respecting the matters aforesaid.
The Court may, if it thinks fit, adjourn the hearing of the summons from time to time, and require from the person sum- moned such security for his appearance at the adjourned hearing as seems fit, and in default of his finding security, may, by war- rant, commit him to prison, there to remain until the adjourned hearing, unless sooner discharged.
131. In any of the following cases,→→→
(i.) If it appears to the Court by the examination of the person summoned, or other evidence, that he then has or since the making of the decree or order has had sufficient means to pay the money directed to be paid by him, and he refuses or neglects to pay the same according to the decree or order; or
(ii.) That, with intent to defraud his creditors, or any of them, he has made or suffered any gift, delivery, or transfer of any property, or charged, removed, or con- cealed any property; or
(iii.) That the debt or liability in question was contracted or incurred by him, by or by reason of fraud, or false pretence, or breach of trust, committed by him; or (iv.) That forbearance thereof was obtained by him by fraud
or false pretence; or
11351.
Commitment.
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