HC Deb 04 August 1913 vol 56 c1232

Where any goods in the possession of an execution debtor at the time of seizure by a sheriff, high bailiff, or other officer charged with the enforcement of a writ, warrant, or other process of execution, are sold by such sheriff, high bailiff, or other officer, without any claim having been made to the same, the purchaser of the goods so sold shall acquire a good title to the goods so sold, and no person shall be entitled to recover against the sheriff, high bailiff, or other officer, or anyone lawfully acting under the authority of either of them, except as provided by the Bankruptcy Acts, 1883 and 1890, for any sale of such goods or for paying over the proceeds thereof, prior to the receipt of a claim to the said goods: Provided that nothing in this Section contained shall affect the right of any claimant who may prove his title to any goods so seized and sold to recover the net sum realised by the sale of such goods from any person in whose hands such proceeds may be or to whom they may have been paid.

Amendment made: Leave out the word "his" ["who may prove his title to any goods"], and insert instead thereof the words "that at the time of the sale he had a." —[Mr. Buxton.]

Leave out the words "recover the net sum realised by the sale of such goods from any person in whose hands such proceeds may be or to whom they may have been paid," and to insert instead thereof the words "any remedy to which he may be entitled against any person other than such sheriff, high bailiff, or other officer as aforesaid." —[Mr. Cassel.]