Directory_and_Chronicle_1870 — Page 345

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Adverse claims to goods seized.

When sale to be made;

Custody in meantime.

Return of warrant.

Payment before sale.

Neglect, connivance, or omision of officers.

In what cases,

Examination.

54

RULES OF SUPREME COURT

that ensues from any irregularity or from any improper or illegal pro- ceeding taken at his instance,

124. The Court shall not order any goods to be sold unless satisfied, prima facie, that they belong to the person against whom execution is issued, and are in a place where the Court has the right to exercise jurisdiction.

Where a claim is made by a third party to goods seized in execu- tion, the same, if made by a British subject, shall be decided 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 seized in execution shall not be made until after the end of five days at least next following the day of seizure, unless the goods are of a perishable nature, or on the request in writing of the person whose goods have been seized; 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 warraut; 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 super- seded and the goods seized 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 being 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 money.

Summa 18 to Judgment Debtor.

129. Where a decree or order directing payment of money re- mains wholly or in part unsatisfied (whether a warrant of 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 ma∙le to appear and be examined respecting his ability to make the payment directed, 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 summous 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

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