Duties of sheriff as to proceeds of saleDuties of sheriff as to proceeds of sale.

### Duties of sheriff as to proceeds of sale. (2.) Where, under an execution in respect of a judgment for a sum exceeding Twenty pounds, the goods of a debtor are sold or money is paid in order to avoid sale, the sheriff shall deduct his costs of the execution from the proceeds of sale or the money paid, and retain the balance for fourteen days, and if within that time— (a) notice is served on him of a petition having been presented by or against the debtor, and (b) a sequestration order is made against the debtor thereon or on any other petition of which the sheriff has notice, the sheriff shall pay the balance to the trustee, who shall be entitled to retain it as against the execution creditor: Provided that the costs of the execution up to the date of the service of the notice, and the taxed costs incurred by any creditor in the action or proceeding under which the execution issued or such costs as are fixed or allowed by the Court before which the action or proceeding was tried or heard (not exceeding Fifty pounds) shall be a first charge on the balance paid to the trustee.