Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

COUNTY COURT ACT 1958 - SECT 84

Securities for money, marketable securities etc. seized under warrant

    (1)     Where in pursuance of any warrant issued out of the court any cheques bills of exchange promissory notes bonds specialties or other securities for money are seized by any bailiff the bailiff shall hold the same as security for the amount directed to be levied or any part thereof and the judgment creditor shall be entitled, in the name of the judgment debtor or of any other person in whose name the judgment debtor may be entitled to proceed, to sue for the recovery of any sum or sums secured or made payable by or under any such cheque bill of exchange promissory note bond specialty or other security.

S. 84(2)(a) amended by Nos 9699 s. 23, 19/1989 s. 14(i), 44/2001 s. 3(Sch. item 25).

    (2) (a)     In the execution of any warrant issued out of the court a bailiff may seize and sell or dispose of any marketable securities within the meaning of the Corporations Act which are standing in the name of any person against whom the warrant has issued.

        (b)     Upon the bailiff signing a sale note thereof any person to whom such marketable securities are sold or disposed of under this subsection shall be entitled thereto and to all the rights and privileges thereof and shall be subject to all liabilities in relation thereto in all respects as if the previous holder thereof had executed an instrument of transfer of such marketable securities to the purchaser.

S. 85
inserted by No. 6951 s. 8, amended by No. 9019 s. 2(1)(Sch. item 33), repealed by No. 19/1989 s. 14(j).

    *     *     *     *     *

S. 86
inserted by No. 6951 s. 8.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback