Section 33 Sheriffs and Civil Process Act

Section 33 of the Sheriffs and Civil Process Act 1945 is about Sale of property where claim made thereto. It provides as follows:

(1) Where a claim is made to or in respect of any property attached in execution under process of a court, the claimant may-

(a) deposit with the sheriff either-
(i) the amount of the value of the property claimed; or
(ii) the sum, if any, which the sheriff is allowed to charge as costs for keeping possession of the pro perry until the decision of the court can be obtained on the claim; or
(b) give the sheriff in the prescribed manner security for the value of the property
claimed.

(2) For the purpose of this section the amount of the value of the property claimed shall in case of dispute be fixed by appraisement and where that amount is deposited as aforesaid it shall be paid by the sheriff into court to abide the decision of the Court upon the claim.

(3) In default of the claimant complying with the foregoing provisions of this section, the sheriff shall sell the property as if no such claim had been made, and shall pay into court the proceeds of the sale to abide the decision of the court.

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