and in the case of the other moveable property (except as aforesaid), to the person in possession of the same1. A debtor 2 prohibited under clause (a) of this section may pay the amount of his debt into court, and such payment shall discharge him as effectually as payment to the party entitled to receive the same. In the case of the salary of a public officer or the servant of a Railway Company, the attachment shall be made by a written order requiring the officer whose duty it is to disburse the salary to withhold every month such portion as the Court may direct, until the further orders of the Court 3. A copy of every such order shall be fixed up in a conspicuous part of the court-house and shall be served on the officer so required. Every such officer may from time to time pay into court any portion so withheld, and such payment shall discharge the Government or the Railway Company, as the case may be, as effectually as payment to the judgment-debtor. ment of move perty in 269. If the property be moveable property in the posses- Attachsion of the judgment-debtor, other than the property men- mento tioned in the first proviso to section 266, the attachment shall able probe made by actual seizure, and the attaching officer shall keep possession the property in his own custody or in the custody of one of of judghis subordinates, and shall be responsible for the due custody debtor. thereof: ment Provided that when the property seized is subject to speedy Proviso. and natural decay 5, 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 Power to for the maintenance and custody, while under attachment, of make rules 1 The execution-creditor cannot enforce his rights to the property mentioned in this section by suit. He must follow the procedure which it prescribes, L. R., 3 I. A. 241, 251, per Sir B. Peacock. 2 See note 4, p. 570. 3 5 Bom. 198. A provincial Court of Small Causes must adopt the machinery of sec. 223 when execution is sought against persons or property out- See the General Clauses Act, sec. for main attached tenance of live-stock and other moveable property, and the officer live-stock. attaching property under this section shall, notwithstanding the provisions of the former part of this section, act in accordance with such rules. Attachment of 270. If the property be a negotiable instrument not negotiable deposited in a court, nor in the custody of a public officer, the attachment shall be made by actual seizure, and the instrument shall be brought into court and held subject to the further orders of the Court. instruments. Seizure of property in 271. No person executing any process under this Code building. directing or authorising seizure of moveable property shall enter any dwelling-house after sunset and before sunrise, or shall break open any outer door of a dwelling-house 2. But, when any such person has duly gained access to any dwellinghouse, he may unfasten and open the door of any room in which he has reason to believe any such property to be 3: Seizure of property in zanánás. Attachment of Provided that, if the room be in the actual occupancy of a woman, who, according to the customs of the country, does not appear in public, the person executing the process shall 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 4 1 See Fort St. George Gazette, 14 Aug. 1883, Part I, p. 515. Calcutta Gazette, 16 April, 1879, Part I, p. 356; 18 July, 1883, Part I, p. 621. N.W.P. and Oudh Gazette, 15th Oct. 1881, Part II, p. 1083; 17th Nov. 1883, Part I, p. 622. Panjab notification No. 3858, dated 3rd Oct. 1877. Central Provinces Gazette 1877, Part I A, p. 303. Assam Gazette, 6 Sep. 1879, Part I, p. 538. As to Coorg see the Mysore Gazette, 26 June, 1880, Part I, p. 167. 2 Even though the defendant has absconded to evade the execution, 8 Bom. H. C., A. C. J. 127, where the Court held that the privilege extended also to an out-house or any office annexed to a dwelling-house; but not to a building standing some distance from the dwelling-house, and not forming part of it. That a bailiff may break open the door of a shop or godown, see 3 Bom. 89. 3 5 Mad. H. C. 189. As to the liability of a judgment-creditor who attaches property not belonging to his judgment-debtor, see 8 Bom. H. C., A. C. J. 177: 3 Bom. 74: 3 Ben. A. C. J. 414. i.e. actual custody, 7 Mad. 48. of, any Court or public officer, the attachment shall be made property deposited by a notice1 to such Court or officer, requesting that such in court property, and any interest or dividend becoming payable or with thereon, may be held subject to the further orders of the Court ment from which the notice issues 2 : Govern officer. Provided that, if such property is deposited in, or is in the Proviso. custody3 of, a Court, any question of title or priority arising 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 4. decree for 273. If the property be a decree for money passed by the AttachCourt which passed the decree sought to be executed, the ment of attachment shall be made by an order of the Court directing money. the proceeds of the former decree to be applied in satisfaction of the latter decree 5. 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. 6 In the case of all other decrees the attachment shall be Attachment of other decrees. Decreeholders to give information. Attachment of immove made by a notice in writing, under the hand of the Judge of the Court 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. 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 immoveable1, the attachment shall be made by an order2 prohibiting the judgment-debtor from able pro- transferring or charging the property in any way, and all perty. persons from receiving the same from him by purchase, gift, or otherwise. Order to withdraw 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-house3. 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 attachment expenses resulting from the attachment of any property be after satis- paid into court, or if satisfaction of the decree be otherwise faction of 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. decree. Private alienation 276. When an attachment has been made by actual seizure This does not include a debt secured by mortgage-lien on immoveable property, 12 Cal. 546. But see Cal. 511. 9 2 See form, Sched. IV. no. 141. 7 Cal. 34. The omission to beat a drum is a material irregularity, 10 Bom. 504. That objections as to the absence of formalities cannot be taken for the first time before the Judicial Committee, see 6 Cal. 129. after at or by written order duly intimated and made known in of property manner aforesaid 1, any private alienation of the property tachment. 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 4. direct coin 277. If the property attached is coin or currency-notes, the Court may Court may, at any time during the continuance of the attach- etc. atment, direct that such coin or notes, or a part thereof sufficient tached to be paid to satisfy the decree, be paid over to the party entitled under to party the decree to receive the same. entitled. tion of tions to at 278. If any claim be preferred to, or any objection be Investigamade to the attachment of, any property attached in execution claims to, of a decree, on the ground that such property is not liable to and objecsuch attachment, the Court shall proceed to investigate the tachment claim or objection' with the like power as regards the examin- of,attached ation of the claimant or objector, and in all other respects, as if he was a party to the suit 8: Provided that no such investigation shall be made where the Court considers that the claim or objection was designedly or unnecessarily delayed. property. If the property to which the claim or objection applies Postponehas been advertised for sale, the Court ordering the sale 1 1 Ben. S. N. xx, followed in 2 All. 58. 2 4 All. 219. A renewal of a mortgage existing on the property prior to the attachment is not an 'alienation' within the meaning of this section, except so far as it enhances the charge, 4 Mad. 417. And a transfer effected by a vesting order of the Court under the Indian Insolvent Act (11 & 12 Vic. c. 21), s. 7, is not a 'private alienation,' but rather one by operation of law, 1 N. W. P. 172, 188. 12 Ben. 411. 3 4 2 Ben. F. B. R. 49 (affirmed by the Judicial Committee, 10 Ben. 134): 6 All. 33: 7 Cal. 118. This section, being a restriction of private rights of ment of sale. |