Enforcement of Court Orders Act, 1926.

Under-sheriff not liable for seizing goods claimed by wife, etc., of debtor.

13.—(1) No action shall lie against any under-sheriff for or on account of his having taken in execution under any execution order, any goods, animals, or other chattels found in the house or tenement of which the debtor is the occupier either alone or jointly with another or others or on the lands, of the debtor and claimed or alleged (whether such claim or allegation does or does not prove to have been well-founded), to be the property of the wife or husband of the debtor, or to be the property of any parent or child of the debtor for the time being residing in the house or tenement of which the debtor is the occupier either alone or jointly with another or others, and, in lieu of such action against the under-sheriff, the person to whom such goods, animals, or other chattels so taken in execution in fact belonged shall (if such goods, animals, or other chattels, should prove not to have been the property of the debtor) be entitled to recover from the debtor by action the value of such goods, animals, and other chattels, together with such damages as such person shall have suffered by reason of such goods, animals, or other chattels having been so taken in execution.

(2) The foregoing sub-section shall not operate to make it obligatory on any under-sheriff to take in execution under any execution order any such goods, animals or other chattels as are referred to in that sub-section.