Section 50: Duties of usher as to goods seized
consolidated text (as at 2000). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
50. Duties of usher as to goods seized
(1) Where movables of a debtor are taken in execution, and before their
sale notice is served on the usher that a receiving order has been made
against the debtor, the usher shall, on request, deliver the goods to the Official Receiver or trustee under the order, but the costs of execution shall be a
charge on the goods delivered, and the Official Receiver or trustee may sell
the goods or an adequate part thereof, for the purpose of satisfying the
charge.
(2) (a) Where movables of a debtor are sold under an execution in respect of a judgment for a sum exceeding 200 rupees, the usher shall deduct
the costs of the execution from the proceeds of the sale and pay the balance
to the cashier of the Court to which he is attached, and the cashier shall retain it for 8 days; and if within that time notice is served on him of a bankruptcy petition having been presented against or by the debtor, the cashier
shall hold the proceeds on trust to pay to the trustee.
(b) Where no such notice is served within such period, or where
such notice having been served, the debtor is not adjudged bankrupt on such
petition or on any other petition of which the cashier has notice, the cashier
may deal with the proceeds as if no notice had been served on him.
(3) An execution levied by seizure and sale of 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 usher shall in all
cases acquire a good title against the trustee in bankruptcy.