Section 16 Sheriffs and Civil Process Act

Section 16 of the Sheriffs and Civil Process Act 1945 is about Protection of sheriff selling goods under execution without notice of claim by third party. It provides as follows:

Protection of sheriff selling goods under execution without notice of claim by
third party

Where any goods in the possession of a judgment debtor at the time of seizure by a sheriff, or other officer charged with the enforcement of a writ, warrant, or other process of execution, are sold by such sheriff, deputy sheriff or other officer, without any claim having been made to the same-
(a) the purchaser of the goods so sold shall acquire a good title to those goods; and

(b) no person shall be entitled to recover against the sheriff, deputy sheriff or other officer or anyone lawfully acting under the authority of either of them, for any sale of such goods, or for paying over the proceeds thereof prior to the receipt of a claim to the said goods, unless it is proved that the person from whom recovery is sought had notice or might by making reasonable inquiry have ascertained that the goods were not the property of the judgment debtor:

Provided that nothing contained in this section shall affect the right of any claimant who may prove that at the time of sale he had a title to any goods so seized and sold to any remedy to which he may be entitled against any person other than such sheriff, deputy sheriff, or other officer as aforesaid.

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