2Disposal of choses in action

2 Disposal of choses in action

*[Section 2 Amended by 25 Geo. V No. 78 ]*No debt shall be liable to be so attached or taken in execution unless the same be of some certain and liquidated amount and be secured by some bond or other deed in the possession or power of the party against whom the execution issued or some promissory note or bill of exchange of which such party shall then be the holder, and no such debt or other mere "chose in action", after being so attached or taken in execution, shall be actually sold or be otherwise disposed of by the Sheriff except by order of a judge, which order may at any time be made on the application in a summary way either of the plaintiff or defendant in such writ or of the Sheriff, and such judge shall, in all such cases in a summary way, give such directions to the Sheriff and to all parties interested therein as he shall think proper – And it shall be lawful for such judge at any time in a summary manner either to authorize an action for the amount of any such debt so taken in execution to be brought in the name of the party suing forth the writ of execution or to cause the debtor to be summoned to attend such judge to show cause why he should not forthwith pay the same amount to such party, and, if no sufficient cause be shown, to order such payment accordingly and to enforce such order, together with all costs attending the same, by an attachment for a contempt, as in other cases.