sec.9Procedure after sale under this Act

sec.9 Procedure after sale under this Act

Where goods are sold under this Act, any amount by which the gross proceeds of the sale exceed the charges of the bailee in relation to the goods shall be recoverable by the bailor from the bailee as a debt in any court of competent jurisdiction and any amount by which those charges exceed the gross proceeds of the sale shall be recoverable by the bailee from the bailor in the like manner. Where goods are so sold the bailee shall, before the expiration of the period of 7 days beginning with the date of the sale of the goods, prepare a record in relation to the goods containing the following particulars— a sufficient description of the goods, or, where the goods are a motor vehicle, the particulars of that vehicle referred to in section 19 (1) ; where the sale of the goods was authorised by an order under part 3 —a reference to that order; the date and place of the sale and the name and principal place of business of the auctioneer by whom the goods were sold; the amount of the proceeds of the sale; a statement of each item of the charges of the bailee in relation to the goods and the transaction to which each item relates. Where the goods are sold pursuant to this Act otherwise than by virtue of an order authorising the sale of the goods under part 3 , the bailee shall, during the period of 6 years beginning with the date on which the record is prepared under subsection (2) or during that portion of that period of 6 years during which the bailee continues to carry on the business in the course of which the goods were accepted for inspection, custody, storage, repair or other treatment, keep the record, together with a copy of the notice of the bailee’s intention to sell the goods and shall, at any reasonable time during the said period of 6 years or the said portion of that period, as the case may be, if so requested by or on behalf of the bailor, produce the record and copy for inspection by the bailor, any person nominated by the bailor in that behalf, or any person who, at the time of the sale, had or claims to have had an interest in the goods. Where the goods are sold by virtue of an order authorising the sale of the goods under part 3 , the bailee shall, before the expiration of 14 days beginning with the date of the sale of the goods, lodge a copy of the record prepared under subsection (2) with the clerk of the court in which the order was made for filing with the records of the court relating to the order. Any person who had, or claims to have had at the time of the sale of the goods, an interest in the goods, shall be entitled on payment of a fee of 20c to inspect the copy of the record so lodged. A person who— fails to comply with subsection (2) ; or fails to comply with subsection (3) ; or fails to comply with subsection (4) ; or produces or furnishes a document kept for the purposes of subsection (3) which is to the person’s knowledge false in a material particular; or lodges a document for the purposes of subsection (4) which is to the person’s knowledge false in a material particular; is guilty of an offence against this Act. s 9 amd 1995 No. 58 s 4 sch 1 (sec.9-ssec.1) Where goods are sold under this Act, any amount by which the gross proceeds of the sale exceed the charges of the bailee in relation to the goods shall be recoverable by the bailor from the bailee as a debt in any court of competent jurisdiction and any amount by which those charges exceed the gross proceeds of the sale shall be recoverable by the bailee from the bailor in the like manner. (sec.9-ssec.2) Where goods are so sold the bailee shall, before the expiration of the period of 7 days beginning with the date of the sale of the goods, prepare a record in relation to the goods containing the following particulars— a sufficient description of the goods, or, where the goods are a motor vehicle, the particulars of that vehicle referred to in section 19 (1) ; where the sale of the goods was authorised by an order under part 3 —a reference to that order; the date and place of the sale and the name and principal place of business of the auctioneer by whom the goods were sold; the amount of the proceeds of the sale; a statement of each item of the charges of the bailee in relation to the goods and the transaction to which each item relates. (sec.9-ssec.3) Where the goods are sold pursuant to this Act otherwise than by virtue of an order authorising the sale of the goods under part 3 , the bailee shall, during the period of 6 years beginning with the date on which the record is prepared under subsection (2) or during that portion of that period of 6 years during which the bailee continues to carry on the business in the course of which the goods were accepted for inspection, custody, storage, repair or other treatment, keep the record, together with a copy of the notice of the bailee’s intention to sell the goods and shall, at any reasonable time during the said period of 6 years or the said portion of that period, as the case may be, if so requested by or on behalf of the bailor, produce the record and copy for inspection by the bailor, any person nominated by the bailor in that behalf, or any person who, at the time of the sale, had or claims to have had an interest in the goods. (sec.9-ssec.4) Where the goods are sold by virtue of an order authorising the sale of the goods under part 3 , the bailee shall, before the expiration of 14 days beginning with the date of the sale of the goods, lodge a copy of the record prepared under subsection (2) with the clerk of the court in which the order was made for filing with the records of the court relating to the order. (sec.9-ssec.5) Any person who had, or claims to have had at the time of the sale of the goods, an interest in the goods, shall be entitled on payment of a fee of 20c to inspect the copy of the record so lodged. (sec.9-ssec.6) A person who— fails to comply with subsection (2) ; or fails to comply with subsection (3) ; or fails to comply with subsection (4) ; or produces or furnishes a document kept for the purposes of subsection (3) which is to the person’s knowledge false in a material particular; or lodges a document for the purposes of subsection (4) which is to the person’s knowledge false in a material particular; is guilty of an offence against this Act.