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Wednesday, 11 November 1914


Senator BAKHAP (Tasmania) . - Clause 86 is absolutely in conflict with sub-clause 2 of the provision now under consideration. Under clause 86 a creditor who has issued execution against the goods or lands of the debtor is secured if the execution has been completed. But what is "completion"? Sub-clause 2 of clause 86 provides -

For the purposes of this Act, an execution against goods is completed by seizure and sale.

Sub-clause 2 of clause 87, however, affirms that the creditor may be deprived of the money due to him for fourteen days. It declares that if notice is served on the 'sheriff, notwithstanding that execution has been completed, the proceeds of the sale are not to be handed to the execution creditor.







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