sec.172Procedure on execution

### sec.172 Procedure on execution With respect to warrants of execution issued by justices, the following provisions shall have effect— the warrant shall be executed by seizure and sale of the goods and chattels of the person against whom the warrant is issued, and shall be executed by or under the direction of a police officer; except so far as the person against whom the execution is issued otherwise consents in writing, the goods and chattels seized shall be sold by public auction, and 5 clear days, at the least, shall intervene between the making of the levy and the sale, of which due and public notice shall be given, except in the case of perishable goods, which may be sold at the expiration of 24 hours from seizure after such notice as is practicable; but where written consent is so given, the sale may be made in accordance with such consent; subject as aforesaid, the goods and chattels seized shall be sold within the period fixed by the warrant, and if no period is so fixed, then within the period of 14 days from the date of making the levy, unless the sum for which the warrant was issued, together with the charges of the execution, are sooner paid; subject to any directions to the contrary given by the warrant of execution, where household goods are seized, the goods shall not, except with the consent, in writing, of the person against whom the execution is issued, be removed from the house until the day of sale, but so much of the goods as is, in the opinion of the person executing the warrant, sufficient to satisfy the execution shall be impounded by affixing to the articles impounded a conspicuous mark, and any person who removes any goods so marked, or defaces or removes such mark, shall be liable to a penalty not exceeding 1 penalty unit; when a person charged with the execution of a warrant of execution wilfully retains from the produce of any goods sold to satisfy the execution or otherwise exacts, any greater costs and charges than those to which the person is for the time being entitled by law, or makes any improper charge, the person shall be liable to a penalty not exceeding 1 penalty unit, and the justices before whom the person is convicted may order the person to pay any sum so retained, exacted, or improperly charged, to the person entitled thereto; a written account of the costs and charges incurred in respect of the execution of any warrant of execution shall be sent by the police officer charged with the execution of the warrant, as soon as practicable, to the clerk of the court, and the person against whom the warrant was issued may, at any time within 1 month after the levy, inspect such account without fee or reward, at any reasonable time, and take a copy of such account; the police officer charged with the execution of a warrant of execution shall cause the goods and chattels seized under it to be sold, and may deduct out of the amount realised by such sale all costs and charges actually incurred in effecting such sale, and shall render to the owner the overplus (if any) after retaining the amount of the sum for which the warrant was issued, and the proper costs and charges of the execution of the warrant; when a person pays or tenders to the police officer charged with the execution of a warrant of execution the sum mentioned in such warrant, or produces the receipt for the same of the clerk of the court and also pays the amount of the costs and charges of the execution up to the time of such payment or tender, the officer shall not execute the warrant. s 172 amd 1992 No. 40 s 98 hdg prec s 173 om 1992 No. 40 s 99 - (a) the warrant shall be executed by seizure and sale of the goods and chattels of the person against whom the warrant is issued, and shall be executed by or under the direction of a police officer; - (b) except so far as the person against whom the execution is issued otherwise consents in writing, the goods and chattels seized shall be sold by public auction, and 5 clear days, at the least, shall intervene between the making of the levy and the sale, of which due and public notice shall be given, except in the case of perishable goods, which may be sold at the expiration of 24 hours from seizure after such notice as is practicable; but where written consent is so given, the sale may be made in accordance with such consent; - (c) subject as aforesaid, the goods and chattels seized shall be sold within the period fixed by the warrant, and if no period is so fixed, then within the period of 14 days from the date of making the levy, unless the sum for which the warrant was issued, together with the charges of the execution, are sooner paid; - (d) subject to any directions to the contrary given by the warrant of execution, where household goods are seized, the goods shall not, except with the consent, in writing, of the person against whom the execution is issued, be removed from the house until the day of sale, but so much of the goods as is, in the opinion of the person executing the warrant, sufficient to satisfy the execution shall be impounded by affixing to the articles impounded a conspicuous mark, and any person who removes any goods so marked, or defaces or removes such mark, shall be liable to a penalty not exceeding 1 penalty unit; - (e) when a person charged with the execution of a warrant of execution wilfully retains from the produce of any goods sold to satisfy the execution or otherwise exacts, any greater costs and charges than those to which the person is for the time being entitled by law, or makes any improper charge, the person shall be liable to a penalty not exceeding 1 penalty unit, and the justices before whom the person is convicted may order the person to pay any sum so retained, exacted, or improperly charged, to the person entitled thereto; - (f) a written account of the costs and charges incurred in respect of the execution of any warrant of execution shall be sent by the police officer charged with the execution of the warrant, as soon as practicable, to the clerk of the court, and the person against whom the warrant was issued may, at any time within 1 month after the levy, inspect such account without fee or reward, at any reasonable time, and take a copy of such account; - (g) the police officer charged with the execution of a warrant of execution shall cause the goods and chattels seized under it to be sold, and may deduct out of the amount realised by such sale all costs and charges actually incurred in effecting such sale, and shall render to the owner the overplus (if any) after retaining the amount of the sum for which the warrant was issued, and the proper costs and charges of the execution of the warrant; - (h) when a person pays or tenders to the police officer charged with the execution of a warrant of execution the sum mentioned in such warrant, or produces the receipt for the same of the clerk of the court and also pays the amount of the costs and charges of the execution up to the time of such payment or tender, the officer shall not execute the warrant.