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Regulations for the Sale of Goods taken in Execution.] -The original County Court Act provides," that no sale of any goods which shall be taken in execution as aforesaid, shall be until after the end of five days at least next following the day on which such goods shall have been so taken, unless such goods be of a perishable nature, or upon the request in writing of the party whose goods shall have been taken; and until such sale the goods shall be deposited by the bailiff in some fit place, or they may remain in the custody of a fit person approved by the high bailiff, to be put in possession by the bailiff; and it shall be lawful for the high bailiff, from time to time, as he shall think proper, to appoint such and so many persons for keeping possession, and so many sworn brokers and appraisers for the purpose of selling or valuing any goods, chattels or effects, taken in execution under this act, as shall appear to him to be necessary, and to direct security to be taken from each of them, for such sum and in such manner as he shall think fit, for the faithful performance of their duties without injury or oppression; and the Judge or high bailiff may dismiss any person, broker or appraiser so appointed; and no goods taken in execution under this act shall be sold for the purpose of satisfying the warrant of execution, except by one of the brokers or appraisers so appointed; and the brokers or appraisers so appointed shall be entitled to have, out of the produce of the goods so distrained or sold, sixpence in the pound on the value of the goods for the appraisement thereof, whether by one broker or more, over and above the stamp duty, and for advertisements, catalogues, sale and commission, and delivery of goods, one shilling in the pound on the net produce of the sale" (q).

When the Appraisement is to be made.]-No appraisement is to be made until the fifth day of the bailiff's holding possession of the goods under an execution, unless where the goods are of a perishable nature, or are sold at the request of the party, before the expiration of four days, or unless the goods are removed (r).

Fees, and when Possession Fee may be charged.] - The high bailiff's fees for keeping possession of goods until the safe per day, (including expenses of removal, storeage of

(g) 9 & 10 Vict. c. 95, s. 106.

(r) Rules of Practice, r. 107.

goods and all other expenses,) not exceeding five days, is sixpence in the pound on the value of the goods seized, to be fixed by appraisement in case of dispute (s).

No possession fee is payable where an execution is paid out at the time of the levy; but if the officer necessarily remains in possession more than half an hour, and the execution is paid out on the day of levy, the possession fee for that day is charged (†).

Duty of the Bailiff on receiving Money under Process.] -Every bailiff, levying or receiving any money by virtue of any process issuing out of the Court of which he is bailiff, must, within twenty-four hours from the receipt thereof, pay over the same to the Registrar of such Court, and file such process and retain the same in his custody (u).

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Appropriation of Money paid into Court.]- Money paid into Court on a judgment is appropriated first in satisfaction of the costs, and afterwards in satisfaction of the original demand (x).

Priority of Execution.]-It has been already stated, that where more than one warrant is delivered to the high bailiff, they must be executed in the order of time they are entered by the Registrar.

With respect to writs issued out of the Superior Courts, the new act provides, that "when a writ against the goods of a party has issued from a Superior Court, and a warrant against the goods of the same party has issued from a County Court, the right to the goods seized shall be determined by the priority of the time of the delivery of the writ to the sheriff to be executed, or of the application to the Registrar for the issue of the warrant to be executed; and the sheriff, on demand, shall, by writing signed by any clerk in the office of the under sheriff, inform the high bailiff of the precise time of such delivery of the writ, and the bailiff, on demand, shall show his warrant to any sheriff's officer, and such writing purporting to be so signed, and the indorsement on the warrant shall respectively be sufficient justification to any high bailiff or sheriff acting thereon" (y).

(s) 19 & 20 Vict. c. 108, Schedule C. See post, Appendix. (t) Rules of Practice, r. 106.

(u) Id. r. 31.

(x) Id. r. 103.

(y) 19 & 20 Vict. c. 108, s. 47.

Claims for Rent.-Section one of the act of the eighth year of the reign of Queen Anne, chapter fourteen, shall not apply to goods taken in execution under the warrant of a County Court, but the landlord of any tenement in which any such goods shall be so taken may claim the rent thereof at any time within five clear days from the date of such taking, or before the removal of the goods, by delivering to the bailiff or officer making the levy any writing signed by himself or his agent, which shall state the amount of rent claimed to be in arrear, and the time for and in respect of which such rent is due; and if such claim be made, the bailiff or officer making the levy shall in addition thereto distrain for the rent so claimed and the costs of such distress, and shall not within five days next after such distress sell any part of the goods taken, unless they be of a perishable nature, or upon the request in writing of the party whose goods shall have been taken; and the bailiff shall afterwards sell such of the goods under the execution and distress as shall satisfy, first, the costs of and incident to the sale; next, the claim of such landlord, not exceeding the rent of four weeks where the tenement is let by the week, the rent of two terms of payment where the tenement is let for any other term less than a year, and the rent of one year in any other case, and lastly, the amount for which the warrant issued; and if any replevin be made of the goods so taken, the bailiff shall, notwithstanding, sell such portion thereof as will satisfy the costs of and incident to the sale under the execution, and the amount for which the warrant issued; and in either event the overplus of the sale, if any, and the residue of the goods, shall be returned to the defendant; and the poundage of the high bailiff and broker for keeping possession, appraisement, and sale under such distress, shall be the same as would have been payable if the distress had been an execution of the County Court, and no other fees shall be demanded or taken in respect thereof (z).

Protection of Officers and Bailiffs.]—If any officer or bailiff of any County Court is assaulted while in the execution of his duty, or if any rescue is made or attempted to be made of any goods levied under process of the Court, the person so offending is liable to a fine not exceeding five pounds, to be recovered by order of the Court, or before a justice of the peace; and the bailiff of the Court or any

(x) 19 & 20 Vict. c. 108, s. 75.

peace officer in any such case may take the offender into custody (with or without warrant), and bring him before such Court or Justice accordingly (a).

Punishment of Bailiffs for Neglect.]—In case any bailiff of the Court who shall be employed to levy any execution against goods and chattels, by neglect, or connivance or omission, loses the opportunity of levying any such execution, then upon complaint of the party aggrieved by reason of such neglect, connivance or omission (and the fact alleged being proved to the satisfaction of the Court, on the oath of any credible witness), the Judge shall order such bailiff to pay such damages as it shall appear that the plaintiff has sustained thereby, not exceeding in any case the sum of money for which the execution issued, and the bailiff shall be liable thereto; and upon demand made thereof, and on his refusal so to pay and satisfy the same, payment thereof shall be enforced by such ways and means as are herein provided for enforcing a judgment recovered in the Court (b).

4. EXECUTION OUT OF THE DISTRICT.

The original County Court Act (9 & 10 Vict. c. 95, s. 104), enacts, "that in all cases where a warrant of execution shall have issued against the goods and chattels of any party, or an order for his commitment shall have been made under this act, and such party, or his goods and chattels, shall be out of the jurisdiction of the Court, it shall be lawful for the high bailiff of the Court to send such warrant of execution or of commitment to the clerk of any other Court constituted under this act, within the jurisdiction of which such party, or his goods and chattels, shall then be or be believed to be, with a warrant thereto annexed, under the hand of the high bailiff and seal of the Court from which the original warrant issued, requiring execution of the same, and the clerk of the Court to which the same shall be sent shall seal or stamp the same with the seal of his Court, and issue the same to the high bailiff of his Court, and thereupon such last-mentioned high bailiff shall be authorized and required to act in all respects as if the original warrant of execution or commitment had been directed to him by the Court of which he (b) Id. s. 115.

(a) 9 & 10 Vict. c. 95, s. 114.

is the high bailiff, and shall, within such time as shall be specified in the Rules of Practice, return to the high bailiff of the Court from which the same originally issued what he shall have done in the execution of such process, and in case a levy shall have been made shall, within such time as shall be specified in the Rules of Practice, pay over all monies received in pursuance of the warrant to the high bailiff of the Court from which the same shall have originally issued, retaining the fees for execution of the process; and where any order of commitment shall have been made, and the person apprehended, he shall be forthwith conveyed, in custody of the bailiff or officer apprehending him, to the gaol or house of correction or other prison of the Court within the jurisdiction of which he shall have been apprehended, and kept therein for the time mentioned in the warrant of commitment, unless sooner discharged under the provisions of this act; and all constables and other peace officers shall be aiding and assisting within their respective districts in the execution of such warrant."

Entry of Warrant by the Registrar of the Foreign Court.]-In all cases of warrants, whether against the goods or the person, to be executed in a foreign district, the Registrar of the foreign Court is required, immediately on the receipt of the warrant, to enter it in "The Foreign Executions Reissued Book" (c).

Duty of the Bailiff]-Where, by virtue of any warrant sent to a foreign district, any money is received by the bailiff of the foreign Court, such bailiff must, within twenty-four hours from the receiving of such money, pay over the same to the Registrar of the foreign Court, and, unless an interpleader summons (d) as to such money be pending, make a return in writing of the amount received; and in the case of a levy having been made, the bailiff must state in the return the gross amount produced by such levy, the particulars of the appraiser's and broker's charges, and the fees allowed for keeping possession, and pay over to the Registrar of the foreign Court the amount levied, less such charges and fees; and the Registrar of the foreign Court is to certify in the return the amount paid into Court, and the correctness of the charges, and must account for and pay over such amount (c) Rules of Practice, r. 126. (d) As to interpleader claims, see post, Chapter XII.

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