CO129-592-15 Future policy and draft proclamations- Military Courts 1-8-1945 - 31-8-1945 — Page 29

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2.9

Schedule Form N 0.9.

Mode of sale or disposal of distress.

Claims in respect of property seized.

(2) The following property, and no owner, is liable to seizure and disposal by sale or otherwise under a distress warrant in satisfaction or part satisfaction of a judgment, namely, goods and cnattels, money, baik notes, cheques, bills of exculanse, promissory notes, government securities, bunaş or other securities for money belonging to and in the possession of the judgment aebtor.

(5)

No distress warrant snall be issued otherwise than under the hand of a member of the court.

(4) On seizing any property under distress warrant the

bailifi or other person executing the warrant shall make an informal inventory and appraisement of such property and small give a copy of such inventory and appraisement and notice of seizure in writing. according to Form No.9 in the Schedule or to the like ellect, to the defendant, or to any other person on his behalf, in or upon the premises.

(5)

The bailifi or other person executing the warrant snall, as soon as may be, file in the court a copy of tne said inventory, appraisement, and notice.

(6)

Where the property seizea consist. of money; pank notes, cheques, pilis of exchange, government securities, bonds or other securities for money the bailiff or other person executing the aistress Wallant shall bring such property into court and the same snali be nela subject to the lurther order of the court.

(7) The bailiir or other person executing the warrant

shall have the powers conferred on a bailiff by sections ly and 20 of the Distress for Rent Oruinance, 1885, and this Froclamation shall be read and construed as if unose sections formed part of this present section.

24. (1) In default of any order to the contrary, such of the distrained property as consists of goods and chattels shall be sold on the day mentioned in tne notice of seizure or so soon tusreaïter as conveniently may be and such sale shali pe conducted at such place and time and by such person (whether an officer of the court or an auctioneer) as the court may direct.

(3) The person conducting ine sale suall, on

realizing the proceeus, pay over the amount thereof to the court, and such amount shall be applied first in payment of the costs of the aistress and sale, and then in satisfaction of the debt, and the surplus, if any, shall be returned to the debtor.

25. here a claim is made to or in respect of property taken in execution under any uistress warrant by any person other than the party against whom such warrant is issued, notice of such claim must be given to the court