(

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.