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Duties of Marshal as to goods taken in execution
Cap. 244, s. 42 · Revised Edition 2020
(1) Where any goods of a debtor are taken in execution,
and before the sale thereof, or the completion of the execution by the receipt or recovery of the full amount of the levy, notice is served on the Marshal that a receiving order has been made against the debtor, the Marshal shall, on request, deliver the goods and any money seized or received in part satisfaction of the execution, to the Official Receiver or trustee but the costs of the execution shall be a first charge on the goods or money so delivered, and the Official Receiver or trustee may sell the goods, or an adequate part thereof, for the purpose of satisfying the charge.
(2) Where under an execution in respect of a judgment for a sum exceeding one hundred dollars, the goods of a debtor are sold or money is paid in order to avoid sale, the Marshal shall deduct his costs of the execution from the proceeds of sale or the money paid and retain the balance for fourteen days, and if within that time notice is served on him of a bankruptcy petition having been presented against or by the debtor, and a receiving order is made against the debtor thereon, or on any other petition of which the Marshal has notice, the Marshal shall pay the balance to the Official Receiver or, as the case may be, to the trustee, who shall be entitled to retain the same as against the execution creditor.
(3) An execution levied by seizure and sale on the goods of a debtor 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 Marshal shall in all cases acquire a good title to them against the trustee in bankruptcy.
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