ORDER 44 : BAILIFFS

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1. Every bailiff shall have power to do all things necessary for the execution of a writ for the seizure and sale of movable property, and upon receipt of the writ he shall take all steps necessary for its prompt and due execution.

2.  Every writ for the seizure and sale of movable property shall, before it is handed to the bailiff, be registered by the registry officer in charge of writs (hereinafter called "the writ clerk"  ) in the register of writs, which shall be initialled by the bailiff, and after it is handed to him it shall be entered in the bailiff's book, which shall be initialled by the writ clerk; and the enumber of the book and the page thereof shall be endorsed on the writ.

3. The bailiff's book shall be in Form 40 with enumbered pages. A register of these books shall be kept by the writ clerk; and when a book is issued to a bailiff, the Registrar shall enumber the book and initial it, and the bailiff shall initial the register, and when he completes his book, he shall return it to the Registrar.

4. The bailiff shall issue receipts out of a counterfoil receipt book for all moneys he receives and obtain the payer's signature on the counterfoil of the receipt issued. The bailiff shall enter the serial enumbers of the counterfoils of such receipts in the bailiff's book; and the writ clerk shall check, at least once a month, these counterfoils with the bailiff's book and initial in both books the entries checked, and shall satisfy himself that all moneys received have been promptly paid out. If the writ clerk discovers any cases in which the bailiff has kept money more than two days, he shall report the fact to the Registrar; and the Registrar, if satisfied with the bailiff's explanation of the delay, shall make a note to that effect in the bailiff's book.

5. The bailiff shall pay promptly into the Treasury or to the judgment creditor (according to the direction given in the writ) the net proceeds of the sale, and shall in the one case affix the Treasury receipt to the appropriate page of the bailiff's book, noting on the page its enumber and date, and in the other take the payee's receipt on the page itself. But this Rule shall be read subject to section 45 (2) of the Bankruptcy Law, Cap. 6, as regards execution for an amount exceeding twenty pounds in respect of a judgment.

[Δ.Κ. 25.4.1986] 6.  When a levy is completed, or is impracticable, the bailiff shall return the writ into Court with an endorsement thereon made by the [Text deleted by: Δ.Κ. 25.4.1986:] Mukhtar [Added by: Δ.Κ. 25.4.1986:] Κοινοτάρχης showing the gross amount collected and net sum given to the bailiff, or that there were no goods to seize. And when a writ is returned, the writ clerk shall satisfy himself both as to the amount collected and that it has been paid out by the bailiff, and shall make a note to that effect both on the writ and in the bailiff's book before filing the writ.

7. Not less than once a month the writ clerk shall inspect the register of writs and the bailiff's books and furnish the Registrar with a list of outstanding writs : and the Registrar shall take all proper steps to ensure that such writs are executed and returned with dispatch.

8.  [Δ.Κ. 25.4.1986] (1)  Upon proceeding to execute a writ the bailiff shall obtain the assistance of the [Text deleted by: Δ.Κ. 25.4.1986:] Mukhtar [Added by: Δ.Κ. 25.4.1986:] Κοινοτάρχης of the village in which the execution is to be effected, or, (in case of the [Text deleted by: Δ.Κ. 25.4.1986:] Mukhtar [Added by: Δ.Κ. 25.4.1986:] Κοινοτάρχης absence, illness, or incapacity, or where the [Text deleted by: Δ.Κ. 25.4.1986:] Mukhtar [Added by: Δ.Κ. 25.4.1986:] Κοινοτάρχης is himself the judgment debtor) of a member of the village commission, and shall seize in his company so much of the judgment debtor's movable property as in the bailiff's opinion would be amply sufficient to cover the amount on the writ and the expenses of the levy, and place him in possession thereof.

[Δ.Κ. 25.4.1986] (2)  The [Text deleted by: Δ.Κ. 25.4.1986:] Mukhtar [Added by: Δ.Κ. 25.4.1986:] Κοινοτάρχης or such member of the village commission shall keep the property seized in safe custody and sell it at auction to the highest bidder, after giving notice of the intended sale in the village, so soon as may be practicable after the lapse of three days after seizure.

[Δ.Κ. 25.4.1986] (3)  The [Text deleted by: Δ.Κ. 25.4.1986:] Mukhtar [Added by: Δ.Κ. 25.4.1986:] Κοινοτάρχης or such member of the village commission shall keep an account (to be known as the [Text deleted by: Δ.Κ. 25.4.1986:] Mukhtar [Added by: Δ.Κ. 25.4.1986:] Κοινοτάρχης account ) showing the names of the purchasers and the amounts for which the property seized was sold. The [Text deleted by: Δ.Κ. 25.4.1986:] Mukhtar [Added by: Δ.Κ. 25.4.1986:] Κοινοτάρχης or such member will be allowed his reasonable expenses in connection with the seizure and sale and such fees as are allowed under the Village Authorities Law, Cap. 256, and the Village Authorities (Fees Regulation) Law, Cap. 257,* or any enactment substituted therefor.

[Δ.Κ. 25.4.1986] (4)  If no sale takes place the [Text deleted by: Δ.Κ. 25.4.1986:] Mukhtar [Added by: Δ.Κ. 25.4.1986:] Κοινοτάρχης (or such member) may be allowed by the Registrar his reasonable expenses in connection with the seizure, and the same shall be paid by the judgment creditor or by sale of the goods seized, as the Registrar may direct.

[Δ.Κ. 25.4.1986] (5)  The [Text deleted by: Δ.Κ. 25.4.1986:] Mukhtar [Added by: Δ.Κ. 25.4.1986:] Κοινοτάρχης account shall be handed to the bailiff and the [Text deleted by: Δ.Κ. 25.4.1986:] Mukhtar [Added by: Δ.Κ. 25.4.1986:] Κοινοτάρχης or said member shall sign in the bailiff's book a receipt for the money received by him for expenses and charges, and such receipt shall be sealed with the [Text deleted by: Δ.Κ. 25.4.1986:] Mukhtar [Added by: Δ.Κ. 25.4.1986:] Κοινοτάρχης seal.

9.  [Δ.Κ. 25.4.1986] (1)  In case no bid is made for the property seized when put up to auction, or in case the price bid is manifestly low and inadequate, the [Text deleted by: Δ.Κ. 25.4.1986:] Mukhtar [Added by: Δ.Κ. 25.4.1986:] Κοινοτάρχης or person referred to in Rule 8 of this Order, may, in his discretion, suspend the continuance of the sale, and in such case he shall report the fact to the bailiff, and the bailiff may, in his discretion, order the property to be removed by the [Text deleted by: Δ.Κ. 25.4.1986:] Mukhtar [Added by: Δ.Κ. 25.4.1986:] Κοινοτάρχης or such person as aforesaid to the chief town or other town or village of the district to be put up to auction, and in such a case the [Text deleted by: Δ.Κ. 25.4.1986:] Mukhtar [Added by: Δ.Κ. 25.4.1986:] Κοινοτάρχης or such person shall be entitled to charge the fair and reasonable expenses of such removal and for any loss of time at a rate not exceeding five shillings a day, or other reasonable expenses incurred by such new auction, against the proceeds of sale.

(2) If the judgment creditor desires that the property be removed to a town or village of another district, the Registrar may allow its removal at the creditor's expense, which shall not be recoverable by him.

10. All the expenses and the charges legally payable under these Rules shall be added to the amount recoverable under the writ, unless the Court or a Judge shall otherwise order.

11. The execution of a writ shall not be suspended unless the Court or a Judge so orders or the judgment creditor or his advocate withdraws the writ by writing under his hand. The notice of withdrawal should where practicable be endorsed on the writ itself and should specify the ground of withdrawal with details (if such is the case) of the amount received or arrangement arrived at; and where the writ is withdrawn because the creditor admits that the property seized belongs to a third person claiming the same, an inventory thereof signed by the bailiff shall be attached to the writ.

12. If the property seized is claimed by a third person then-

(a) If the bailiff or the deputy sheriff is of opinion that the claim is without foundation, he shall inform the claimant in writing that he may within three days of the seizure apply to the Court for an order to stay the sale and avail himself of section 20 of the Civil Procedure Law, Cap. 7.

(b) If the bailiff or the deputy sheriff is of opinion that there is some foundation for the claim, he shall give notice in Form 41 to the judgment creditor or his advocate, and, if the seizure is not abandoned, shall interplead upon the creditor furnishing the security mentioned in the notice, or, if such security be not furnished within the time specified in the notice, may withdraw from possession. The interpleader shall be made by summons without affidavit but with notice thereof given to all persons affected by the seizure.

13. (1) If a bailiff seizes property belonging to the judgment debtor from a hotel or workshop, he shall ask in writing (Form 42) the person in charge of the hotel or workshop whether there is any claim for hotel dues or for work done on the property seized; and the person in charge shall forthwith inform the bailiff in writing (Form 43) whether there is any such claim and give the details thereof.

(2) Upon a claim being made as aforesaid, the bailiff shall inquire of the judgment creditor and the judgment debtor whether they admit it. If they do, the bailiff shall take their admission in writing and pay the amount of the lien of the person in charge of the hotel or workshop out of the net proceeds of the sale. If either of them does not admit the claim in writing, the bailiff shall pay the net proceeds into the Treasury as a deposit, and the deputy sheriff shall interplead by summons without affidavit but with notice thereof to all interested persons.

14. If goods are seized in a shop or store under the lease of the judgment debtor and kept there under seizure and the rent for the time they are so kept has not been paid, the landlord shall be paid the rent for such time out of the proceeds of the sale of such goods. And if no sale takes place, such rent shall be paid by the judgment creditor or by sale of such goods, as the Registrar may direct.