Judgment Creditors Remedies Extension Act of 1888 (NSW)

No. VIII.

A n Act to extend the remedies of J u d g m e n t

Creditors . [23rd July, 1888.]

WH E R E A S sale can be sold u n d e r legal process. Be i t therefore enacted by t h e

doubts have ar isen whe the r t he in teres t of j u d g m e n t

debtors in goods wh ich are t he subject of condi t ional bills of

Queen ' s Mos t Exce l l en t Majesty, by and wi th t h e advice and consent of t h e Legis la t ive Counci l a n d Legislat ive Assembly of N e w South W a l e s in Pa r l i amen t assembled, and by the au thor i ty of t he same, as fol lows:—

1. W h e n e v e r legal process shall issue agains t t h e goods of a j u d g m e n t deb tor for t he execut ion of a j u d g m e n t of any Cour t in N e w South Wales , and the said goods are t he subject of any condit ional bill of sale, i t shall be lawful for t he Sheriff, bailiff, or any o ther officer who m a y be charged wi th t he execut ion of such process, to sell t h e r igh t , t i t le , a n d in teres t of the j u d g m e n t debtor in t he said goods wi thou t levying the reon ; and upon notice in wr i t ing being given to the person i n whose favour such bill of sale shall have been made , or to his executors , adminis t ra tors , or assigns of t he purchase of t h a t r ight , t i t le , and interest , such person, or his executors , adminis t ra tors , or assigns shall be ent i t led to t ake possession of t he said goods, and shall be deemed to hold the said goods for t he use of the purchaser of t he said r igh t , t i t le, and interest , subject to t h e a m o u n t due and payable unde r t h e said bill of sale; and upon the said goods be ing af terwards sofd u n d e r t h e said bill of sale, and the re be ing any surplus r ema in ing out of t he proceeds thereof after pay ing t h e said a m o u n t , t he person in whose favour such bill of sale shal l have been made , or his executors , adminis­ t ra tors , or assigns shall, upon demand, pay over such surp lus to t he purchaser of t h e said r ight , t i t le , a n d interest , and in defaul t thereof shal l be l iable to an act ion to t he ex ten t of such surp lus a t t h e suit of t h e said purchase r for money received for t h e use of the said purchaser .

2. N o t h i n g here in conta ined shal l be deemed to affect t he r i g h t

of any execut ion credi tor to tes t t h e val idi ty of any bill of sale b y

in terp leader process.

3.    This A c t may be cited as t he " J u d g m e n t Creditors Remedies

Ex tens ion A c t of 1888 . "

N o . I X .