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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898 Excerpt: ...the sheriff will withdraw from possession of the goods seized (i). In case of non-compliance with this notice, within a reasonable time, the sheriff should withdraw from possession and make a return of nulla bona (hi); unless, indeed, there are other goods within his bailiwick, in which case the levy should be confined to them. The sheriff, it is observed, in Cocker v. Musgrove, is not called upon by law to advance money to pay the rent; it is plain that such advance must be made by the execution creditor; and if he neglects to make it, after notice of the rent being due at all events (and it is not necessary now to sawhether notice be requisite), the sheriff cannot be called upon to sell the goods let their value be what it will. Until the rent be paid, there are no goods out of which the sheriff is hound to levy, that is, which he is bound to sell (-). The statute says that the goods shall not be liable to be taken, i.e. taken and sold under the execution, unless the party at whose suit the said execution is sued out, shall before the removal pay the rent (o). It is clear the 3tatute does not mean the original taking, but that there shall not be a substantial taking for the satisfaction of the debt, that is, Ch.xi.sec.1s. by the removal and sale of the goods, without payment of the Sattsfuctwnoj. Arrears rent (j)-Prior to the decision in Cocker v. Musgrovc (q), the by Execution usual practice was for the sheriff to sell the goods under the Creditor. execution and out of the proceeds to pay the landlord's rent, and to slleni's Puty. nu receiving apply the surplus (minus expenses) in or towards satisfaction of the Kotice of debt or damages and interest, with costs of the execution, &c, as ...

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9781153429566

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