Enforcement of Law (Occasional Powers) Act, 1924

Under-sheriff may sell outside his bailiwick.

8.—(1) From and after the passing of this Act any under-sheriff who shall have taken goods, animals or other chattels in execution under any writ of fieri facias or under any decree of a Civil Bill Court may sell such goods, animals and chattels by public auction at such place or places, whether within or outside his bailiwick, and whether within or outside the territorial boundaries of Saorstát Eireann, but not outside Ireland, in which in his opinion such goods, animals and chattels can be sold to the best advantage, and may remove such goods, animals and chattels or any of them or cause same to be removed from the place where same were seized to such place or places of sale.

(2) All goods, animals and other chattels taken in execution by any under-sheriff under any such writ or decree as aforesaid may pending the sale thereof be impounded, stored and kept by the under-sheriff in such place or places whether within or outside his bailiwick and whether within or outside the territorial boundaries of Saorstát Eireann, but not outside Ireland, as he shall think fit, and notwithstanding that such place or places is or are not appointed or authorised by law to be used as pounds.

(3) Wherever any goods, animals or other chattels shall be removed under this section by or by order of the under-sheriff to any place outside his bailiwick the under-sheriff shall in addition to the amount of the debt stated in the writ or decree under which such goods, animals and chattels were seized and of all charges leviable by law levy for the amount of all costs incurred by him—

(a) in or about the removal of such goods, animals and chattels from the places at which they were seized to every place (including the place of sale) to which such goods, animals and chattels are removed before the sale thereof;

(b) in or about the storing, impounding and preservation of such goods, animals and chattels (including the feeding and watering of such animals) between the time of seizure and the time of sale;

(c) in or about the sale and any attempted sale of such goods, animals or chattels other than a sale or attempted sale within the bailiwick of the under-sheriff.

All such costs and expenses as are mentioned in this sub-section may be deducted by the under-sheriff from the proceeds of the sale of the goods, animals and chattels as a first charge thereon.

(4) The under-sheriff shall be sole judge of the place or places at which any goods, animals or other chattels taken in execution by him can be sold to the best advantage and no action shall lie against any under-sheriff on account of his having sold any such goods, animals or chattels as aforesaid outside his bailiwick.

(5) In this section the expression “charges leviable by law” means charges leviable under any enactment, rule or order in force at the passing of this Act or under any provision of this Act other than this section.