Appointment of Trustee; Effects of Sequestration

Section 19

Attachment of property by deputy sheriff

(1) As soon as a deputy-sheriff has received a sequestration order he shall attach, as hereinafter provided and make an inventory of the movable property of the insolvent estate which is in his district and is capable of manual delivery and not in the possession of a person who claims to be entitled to retain it under a right of pledge or a right of retention or under attachment by a messenger, that is to say—

(a)    he shall take into his own custody all books of account, invoices, vouchers, business correspondence, and any other records relating to the affairs of the insolvent, cash, share certificates, bonds, bills of exchange, promissory notes, and other securities, and remit all such cash to the Master;
[Para. (a) substituted by s. 5 (a) of Act No. 99 of 1965.]
(b)    he shall leave movable property other than animals in a room or other suitable place properly sealed up or appoint some suitable person to hold any movable property in his custody;
(c)    he shall hand to the person so appointed a copy of the inventory, with a notice that the property has been attached by virtue of a sequestration order. That notice shall contain a statement of the offence constituted by section one hundred and forty-two and the penalty provided therefor;
(d)    he shall make a detailed list of all such books and records and endorse thereon any explanation offered by the insolvent in respect thereof or in respect of any books or records relating to his affairs which the insolvent is unable to produce;
[Para. (d) inserted by s. 5 (b) of Act No. 99 of 1965.]
(e)    if the insolvent is present he shall enquire from him whether the list referred to in paragraph (d) is a complete list of the books and records relating to his affairs and record his reply thereto.
[Para. (e) inserted by s. 5 (b) of Act No. 99 of 1965.]

(1)bis If an insolvent has in reply to the deputy sheriff ’s enquiry intimated that the list referred to in paragraph (d) of subsection (1) is a complete list of the books and records relating to his affairs, the books and records referred to in such list shall, unless the contrary is proved, in any criminal proceedings against him under this Act, be deemed to be the only books and records maintained by him.

[Sub-s. (1)bis inserted by s. 5 (c) of Act No. 99 of 1965.]

(2) Any person interested in the insolvent estate or in the property attached may be present or may authorize another person to be present when the deputy-sheriff is making his inventory.

(3) The deputy-sheriff shall—
(a)    immediately after effecting the attachment, report to the Master in writing that the attachment has been effected and mention in his report any property which to his knowledge is in the lawful possession of a pledgee or of a person who is entitled to retain such property by virtue of a right of retention and shall submit with such report a copy of the inventory made by him under subsection (1);
(b)    as soon as possible after the appointment of the trustee, submit a copy of such inventory to him.

[Sub-s. (3) substituted by s. 5 (d) of Act No. 99 of 1965.]

(4) A messenger shall transmit to the Master without delay an inventory of all property attached by him which he knows to belong to an insolvent estate.

(5) The deputy-sheriff shall be entitled to fees taxed by the Master according to tariff A in the Second Schedule to this Act and the rules for the construction of that tariff.

(6) The Minister may by notice in the Gazette amend the said tariff A and rules.
[Sub-s. (6) added by s. 11 of Act No. 50 of 1956, amended by ss. 46 and 47 of Act No. 97 of 1986 and substituted by s. 4 of Act No. 16 of 2003.]