217Discharge of the estates of debtors or accountants to the Crown

217 Discharge of the estates of debtors or accountants to the Crown It shall be lawful for the Minister administering Part 7 of the **Financial Management Act 1994** with the consent of the Governor, by writing under their hands upon payment of such sum of money as they think fit to require to be applied in liquidation of the debt or liability of any debtor or accountant to the Crown or upon such other terms as they think proper, to certify that any freehold land or chattel real of any such Crown debtor or accountant shall be held by the purchaser or mortgagee or intended purchaser or mortgagee thereof his heirs executors administrators and assigns wholly exonerated and discharged from all further claims of His Majesty for or in respect of any debt claim or liability present or future of the debtor or accountant to whom such land or chattel real belonged; and thereupon the same land or chattel real shall be held accordingly wholly exonerated and discharged as aforesaid. No. 3754 s. 218. S. 218 amended by No. 25/2023 s. 7(Sch. 1 item 20.5). 218 Discharge of part of the estate of a debtor or accountant to the Crown not to affect claim of the Crown on other lands liable Any such certificate or the discharge of any such land or chattel real by virtue of this Act shall in nowise impeach lessen or affect the right or power of His Majesty to levy the whole of any debt or demand which at any time is due from any such debtor or accountant to the Crown, out of or from any other property which would have been liable thereto in case no such certificate had been granted and no such discharge had been obtained. No. 3754 s. 219. S. 219 amended by No. 110/1986 s. 140(2). 219 Execution by fieri facias etc. By virtue of any writ of fieri facias, warrant of seizure and sale or other like process to be sued out of the Court the sheriff or other officer having the execution thereof may and shall seize and take any money or bank notes and any cheques bills of exchange promissory notes bonds specialties or other securities for money belonging to the person against whose lands and effects such process is sued out and may and shall pay and deliver to the party suing out such execution any money or bank notes which are so seized or a sufficient part thereof; and may and shall hold any such cheques bills of exchange promissory notes bonds specialties or other securities for money as a security or securities for the amount by such process directed to be levied or so much thereof as has not been otherwise levied and raised; and may sue in the name of such sheriff or other officer for the recovery of the sum or sums secured thereby if and when the time of payment thereof has arrived. The payment to such sheriff or other officer by the party liable on any such cheque bill of exchange promissory note bond specialty or other security with or without suit or the recovery and levying execution against the party so liable shall discharge him to the extent of such payment or of such recovery and levy in execution as the case may be from his liability on any such cheque bill of exchange promissory note bond specialty or other security. Such sheriff or other officer may and shall pay over to the party suing out such process the money so to be recovered or such part thereof as is sufficient to discharge the amount by such process directed to be levied; and if after satisfaction of the amount so to be levied together with sheriff's poundage fees and expenses any surplus remains in the hands of such sheriff or other officer, the same shall be paid to the party against whom such process is so issued: Provided that no such sheriff or other officer shall be bound to sue any party liable upon any such cheque bill of exchange promissory note bond specialty or other security unless the party suing out such execution enters into a bond with two sufficient sureties for indemnifying him from all costs and expenses to be incurred in the prosecution of such action or to which he may become liable in consequence thereof the expenses of such bond to be deducted out of any money to be recovered in such action. No. 3754 s. 220. 220 Sheriff may execute debtor's powers All powers vested in any debtor which such debtor might legally execute for his own benefit shall be and are hereby vested in the sheriff or other officer as aforesaid to be by such sheriff or other officer executed for the benefit of the party suing out the execution. Pt 4 (Heading and ss 221–234) amended by Nos 9075 s. 5(1), 9427 s. 5(Sch. 4 item 9), 16/1986 s. 19(c)(d), 59/1986 s. 143(2), 110/1986 s. 140(2), 52/1998 s. 311(Sch. 1 item 78), substituted as Pt 4 (Headings and ss 221–234I) by No. 71/2005 s. 5. Part IV—Co-owned land and goods Division 1—Preliminary S. 221 substituted by No. 71/2005 s. 5.