( 
SECRETARIAL PRACTICE 
had notice shall for the purposes of the foregoing provision 
be substituted for the date of the commencement of the 
winding up; and 
a person who purchases in good faith under a sale by 
the sheriff any goods of a company on which an execution 
has been levied shall in all cases acquire a good title to 
them against the liquidator. 
(2) For the purposes of this section, an execution against goods 
shall be taken to be completed by seizure and sale, and an attach- 
ment of a debt shall be deemed to be completed by receipt of the 
debt, and an execution against land shall be deemed to be completed 
by seizure and, in the case of an equitable interest, by the appoint- 
ment of a receiver 
(3) In this section the expression “goods” includes all chattels 
personal, and the expression ‘‘sheriff”’ includes any officer charged 
with the execution of a writ or other process. 
(4) This section shall not apply in the case of a winding up in 
Scotland. 
Duties of sheriff 
as to goods taken 
in execution. 
269.—(1) Where any goods of a company are taken in execution, 
and, before the sale thereof or the completion of the execution by 
the receipt or recovery of the full amount of the levy, notice is 
served on the sheriff that a provisional liquidator has been appointed 
or that a winding-up order has been made or that a resolution for 
voluntary winding up has been passed, the sheriff shall, on being so 
required, deliver the goods and any money seized or received in past 
satisfaction of the execution to the liquidator, but the costs of the 
execution shall be a first charge on the goods or money so delivered, 
and the liquidator may sell the goods, or a sufficient part thereof, 
for the purpose of satisfying that charge. 
(2) Where under an execution in respect of a judgment for a 
sum exceeding twenty pounds the goods of a company are sold or 
money is paid in order to avoid sale, the sheriff shall deduct the costs 
of the execution from the proceeds of the sale or the money paid and 
retain the balance for fourteen days, and if within that time notice 
is served on him of a petition for the winding up of the company 
having been presented or of a meeting having been called at which 
there is to be proposed a resolution for the voluntary winding up of 
the company and an order is made or a resolution is passed, as the 
case may be, for the winding up of the company, the sheriff shall pay 
the balance to the liquidator, who shall be entitled to retain it as 
against the execution creditor. 
(3) In this section the expression “goods” includes all chattels 
personal, and the expression ‘‘sheriff”’ includes any officer charged 
with the execution of a writ or other process. 
(4) This section shall not apply in the case of a winding up in 
Scotland.