Section 34: Duties of usher as to goods seized

34. 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 bankruptcy order has been made against the debtor, the usher shall, on request, deliver the goods to the Official Receiver, but the costs of execution shall be a charge on the goods delivered, and the Official Receiver 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 20,000 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 14 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 Official Receiver. (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) 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 Official Receiver. [Issue 3] I14 – 28 Revised Laws of Mauritius