South Australian Consolidated Acts

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SALE OF GOODS ACT 1895 - SECT 26

26—Effect of writs of execution

        (1)         A writ or warrant of execution against goods shall bind the property in the goods of the execution debtor as from the time when the writ or warrant is delivered to the sheriff to be executed; and, for the better manifestation of such time, it shall be the duty of the sheriff, without fee, upon the receipt of any such writ, to endorse upon the back thereof the hour, day, month, and year when he received the same: Provided that no such writ or warrant shall prejudice the title to such goods acquired by any person in good faith and for valuable consideration, unless such person had at the time when he acquired his title notice that such writ, or warrant, or any other writ by virtue of which the goods of the execution debtor might be seized or attached, had been delivered to and remain unexecuted in the hands of the sheriff.

        (2)         In this section the term "sheriff" includes any officer charged with the enforcement of a writ or warrant of execution.



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