invalidate an attachment. Jhatu Sahu v. Baboo Ramcharan Lal,

3 B. L. R., App., 68.

And see the case of Brooks v. P. M. Nunjappa Naick, 4 H. C. R., 316, as to an attachment operating de die in diem as process of execution upon a decree.

At the end of which time.-I do not comprehend the meaning of this novel provision. Is it intended that at the end of six months the court may in the interests of the judgment-creditor, and therefore should, of its own mere motion sell the thing attached? Or must an application be made for the purpose? Again what discretion is conferred on the court by the words "as it thinks fit?" 269. If the property be moveable property in the possession of the judg Attachment of ment-debtor, other than the property mentioned in moveable property in the first proviso to Sec. 266, the attachment shall possession be made by actual seizure, and the attaching officer of judgment-debtor. shall keep the property in his own custody or in the custody of one of his subordinates, and shall be responsible for the due custody thereof :

Provided that when the property seized is subject to speedy and natural Proviso. decay, or when the expense of keeping it in custody will exceed its value, the proper officer may sell it

at once.

The Local Government may from time to time make rules for the maintenance and custody, while under attachment, of livestock and other moveable property, and the officer attaching property under this section shall, notwithstanding the provisions of the former part of this

Power to make rules for maintenance of attached live-stock.

section, act in accordance with such rules.

Moveable property.-See the notes to Sec. 16. Formerly the expression was "goods, chattels or other moveable property." See the note to gocds' under Sec. 266.

By actual seizure.-It appears from Lush, 605, that the 'seizure' is made by entering the premises where the goods are and taking some chattel in the name of the whole. The sheriff should not seize more than are reasonably necessary to satisfy the amount endorsed on the writ. For he should not sell more than enough to satisfy the writ. Aldred v. Constable, 6 Q. B., 370.

-

Shall keep. The possession should not be abandoned for any purpose even for an instant. Blades v. Arundle, 1 M. & S., 711 But it is not necessary that the officer himself should remain in the premises where the goods are: he may and usually does leave a man in possession.

On the other hand the sheriff cannót keep possession of the house longer than is necessary for the purpose of removing the goods without the debtors consent. Playfair v. Musgrove, 14 M. & W., 239; nor of course can he without such consent sell on the premises.

270. If the property be a negotiable instrument not in deposit in a Court, the attachment shall be made by actual seizure, and Attachment of nethe instrument shall be brought into Court and held gotiable instruments. subject to the further orders of the Court.

Compare Sec. 268 (a).

Seizure of property in house.

271. If the person executing any process under this Code directing or authorizing seizure of moveable property, has gained access to a house or other building, he may unfasten and open the door of any room in which he has reason to believe any such property to be :

Provided that if the room be in the actual occupancy of a woman, who Seizure of property according to the customs of the country does not appear in public, the person executing the process shall in zanánás. give notice to her that she is at liberty to withdraw; and after allowing a reasonable time for such woman to withdraw, and giving her every reasonable facility for withdrawing, he may enter such room for the purpose of seizing the property, using at the same time every precaution, consistent with these provisions, to prevent its clandestine removal. 272. If the property be deposited in, or be in the custody of, any Court or public officer, the attachment shall be made by a Attachment of pro- notice to such Court or officer, requesting that such perty deposited in Court or with Govern- property, and any interest or dividend becoming payable thereon, may be held subject to the further orders of the Court from which the notice issues:

ment officer.

Provided that, if such property is deposited in, or is in the custody of, a Court, any question of title or priority arising Proviso. between the decree-holder and any other person, not being the judgment-debtor, claiming to be interested in such property by virtue of any assignment, attachment or otherwise, shall be determined by such Court.

Deposited.-Story, in chap. 2 of his 'Bailments,' tells us that perhaps a deposit may be correctly defined as a bailment of goods to be kept by the bailee without reward, and delivered according to the object or purpose of the original trust; for, in some cases, the deposit may be for the benefit of a third person, and to be delivered to him, when demanded, and not to be returned to the bailor. According to Ulpian :-' Depositum est quod custodiendum alicui datum est.'

273. If the property be a decree for money passed by the Court which passed the decree sought to be executed, the attachment shall be made by an order of the Court directing the proceeds of the former decree to be applied in satisfaction of the latter decree.

Attachment of decree for money.

If the property be a decree for money passed by any other Court, the attachment shall be made by a notice in writing to such Court under the hand of the Judge of the Court which passed the decree sought to be executed, requesting the former Court to stay the execution of its decree until such notice is cancelled by the Court from which it was sent. The Court receiving such notice shall stay execution accordingly, unless and until

(a) the Court which passed the decree sought to be executed cancels the notice, or

(b) the holder of the decree sought to be executed applies to the Court receiving such notice to execute its own decree.

On receiving such application, the Court shall proceed to execute the decree and apply the proceeds in satisfaction of the decree sought to be executed.

decrees.

In the case of all other decrees the attachment shall be made by a notice in writing, under the hand of the Judge of the Court Attachment of other which passed the decree sought to be executed, to the holder of the decree sought to be attached, prohibiting him from transferring or charging the same in any way; and, when such decree has been passed by any other Court, also by sending to such Court a like notice in writing to abstain from executing the decree sought to be attached until such notice is cancelled by the Court from which it was sent. Every Court receiving such notice shall give effect to the same until it is so cancelled.

Decree-holders give information.

to

The holder of any decree attached under this section shall be bound to give the Court executing the same such information and aid as may reasonably be required.

274. If the property be immoveable, the attachment shall be made by an order prohibiting the judgment-debtor from transferring or charging the property in any way, and all persons from receiving the same from him by purchase, gift or otherwise.

Attachment of immoveable property.

The order shall be proclaimed at some place on or adjacent to such property by beat of drum or other customary mode, and a copy of the order shall be fixed up in a conspicuous part of the property and of the court-house.

When the property is land paying revenue to Government, a copy of the order shall also be fixed up in the office of the Collector of the District in which the land is situate.

275. If the amount decreed with costs and all charges and expenses resulting from the attachment of any property be paid into Court, or if satisfaction of the decree be otherwise made through the Court, or if the decree is set aside or reversed, an order shall be issued, on the application of any person interested in the property, for the withdrawal of the attachment.

Order for withdrawal of attachment after satisfaction of decree.

of

276. When an attachment has been made by actual seizure or by written order duly intimated and made known in manner Private alienation aforesaid, any private alienation of the property property after attachment to be void. attached, whether by sale, gift, mortgage or otherwise, and any payment of the debt or dividend or a delivery of the share to the judgment-debtor during the continuance of the attachment, shall be void as against all claims enforceable under the attachment.

In England, Sec. 1 of the Mercantile Law Amendment Act declares :-"No writ of 'fieri facias' or other writ of execution, and

no writ of attachment against the goods of a debtor, shall prejudice the title to such goods acquired by any person bona fide, and for a valuable consideration before the actual seizure or attachment thereof by virtue of such writ," provided he has not had notice. At common law goods were bound from the date of the teste of the writ of execution; but by the 29 Car. 2, c. 3, s. 16, writs of execution. were made to bind goods only from the time of their delivery to the sheriff to be executed.

Private alienation.-A curious and instructive case upon this is A. Venkata Narasimha Apparow Naidu v. K. Venkatakristna and another, 5 H. C. R., 410.

As against, &c.-This important addition has been rendered necessary by a succession of decisions.

Court may direct coin or currency-notes attached to be paid to party entitled.

277. If the property attached is coin or currencynotes, the Court may, at any time during the continuance of the attachment, direct that such coin or notes, or a part thereof sufficient to satisfy the decree, be paid over to the party entitled under the decree to receive the same.

During the continuance.-See the latter part of Sec. 268 and the notes thereto.

278. If any claim be preferred to, or any objection be made to the attachment of, any property attached in execution of Investigation of a decree, on the ground that such property is not claims to, and obliable to such attachment, the Court shall proceed to jections to attachment of, attached property. investigate the claim or objection with the like power as regards the examination of the claimant or objector, and in all other respects, as if he was a party to the suit :

Provided that no such investigation shall be made where the Court considers that the claim or objection was designedly or unnecessarily delayed. If the property to which the claim or objection applies has been advertised for sale, the Court ordering the sale may postpone it Postponement of sale. pending the investigation of the claim or objection.

Rule 1, Order II, Rules of the S. C. enacts that: "With respect to interpleader, the procedure and practice now used by courts of common law under the Interpleader Acts, 1 & 2 Will. 4, c. 58 and 23 & 24 Vic. c. 126, shall apply to all actions." Sec. 6 of the former provides for the relief of sheriffs and other officers in execution of process by enacting that when a claim is made to any goods taken. in execution, the court, upon application of the sheriff or other officer, may call before it the party issuing such process and the

claimant, and adjust the claims and protect the sheriff or other officer.

If any claim be preferred.-In England, as appears from Lush, 778, there must have been an actual claim, made to the sheriff or other officer. Notice that a petition in bankruptcy has been or is about to be presented is not enough, Tarlton v. Dumelow, 5 B. N. C., 110, though it may entitle the sheriff to an extension of time; and he is bound to ascertain, as far as he can, that the claim is not frivolous. Bishop v. Hinxman, 2 D. P. C., 166. Where it appeared that the bill of sale by virtue of which the claim was made was dated after the levy, the rule was discharged, and with costs, because the sheriff did not first look at the instrument. Re Sheriff of Oxford, 6 D. P. C., 136. And the claim must be to the goods or their proceeds; hence a claim by the landlord to be paid his rent is not within the act. Bateman v. Farnsworth, 29 L. J., Ex., 365. But it is not necessary that the party should claim the whole property in the goods. Where the sheriff had seized some horses of the defendant lying in an inn, and the innkeeper claimed a lien on them for their keep, this was holden a case within the act. Ford v. Baynton, 1 D. P. C., 357.

As regards the question, who is competent to make a 'claim' or objection' under this section? it is observable that under the English statutes "assignees of bankrupts and other persons, not being the parties against whom the process has issued" are the claimants to be heard; whilst it has been decided that the judgment-debtor may himself make a claim in autre droit, or as trustee, but not otherwise. Tenwick v. Laycock, 2 Q. B., 108.

There is no provision in the Code under which a claim preferred to property attached by one court can be called up by the Civil Judge and referred to another court for investigation. Pro. S. C., 1st September, 1860.

Where, in execution of a decree, property is seized as belonging to A. as representative of B. deceased, and A. claims the property as his own, and denies that it ever belonged to B. or to B.s estate, A.s claim must be dealt with under this section, and an order under this section is not appealable, but can only be disturbed