1216
No. 3 of 1901.
Power to
erty taken
CODE OF CIVIL PROCEDURE.
(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 in execution 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.
and claimed by third party.
D. r. 12.
Giving of notice by the 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.
erty taken
Withdrawal by the bailiff on admission of claim.
O. 57, r. 16.
(2) If the execution creditor admits the claim, and gives notice as directed by this section, he shall only be liable to the bailiff for any fees and expenses incurred prior to the receipt of the notice admitting the claim.
426. When the execution creditor has given notice to the bailiff that he admits the claim, the bailiff may thereupon withdraw from possession of the property claimed, and may apply for an order protecting him from any action in respect of the seizure and possession of the property, and the court may make any such order as may be just and reasonable in respect of the same: Provided that the claimant shall receive notice of such intended application, and, if he desires it, may attend the hearing of the same, and if he attends, the court may, in and for the purposes of such application, make all such orders as to costs as may be just and reasonable.
1216
No. 3 of 1901.
Power to
erty taken
CODE OF CIVIL PROCEDURE.
(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 investiga- tion 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. order sale of under the process of the court, and any claimant alleges that movable prop- he is entitled, under a bill of sale or otherwise, to the property in execution 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.
and claimed by third party.
D. r. 12.
>
Giving of
bailiff of
claim to
425.-(1) Where a claim is made to or in respect of any notice by the movable property taken in execution under the process of the court it shall be in writing, and on the receipt of the claim movable prop- the bailiff shall forthwith give notice thereof to the execution in execution. creditor, and the execution creditor shall, within four days 0.57, r. 16. after receiving the notice, give notice to the bailiff that he
admits or disputes the claim.
erty taken
Withdrawal
by the bailiff
on admission of claim.
O. 57, r. 16.
(2) If the execution creditor admits the claim, and gives notice as directed by this section, he shall only be liable to the bailiff for any fees and expenses incurred prior to the receipt of the notice admitting the claim.
426. When the execution creditor has given notice to the bailiff that he admits the claim, the bailiff may thereupon withdraw from possession of the property claimed, and may apply for an order protecting him from any action in respect of the seizure and possession of the property, and the court may make any such order as may be just and reasonable in respect of the same: Provided that the claimant shall receive notice of such intended application, and, if he desires it, may attend the hearing of the same, and if he attends, the court may, in and for the purposes of such application, make all such orders as to costs as may be just and reasonable.
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