Land Act, 1927

Provisions as to execution of orders at the suit of the Land Commission.

31.—(1) It shall be the duty of every under-sheriff with whom an execution order at the suit of the Land Commission, other than an order for delivery of possession of lands or premises, has been lodged to forthwith execute the same by seizure and sale so far as may be necessary of the goods, animals, or other chattels found in the house or other place of residence or on the lands of the debtor notwithstanding any claim or allegation on the part of the debtor or any other person that any such goods, animals, or other chattels are not the property of the debtor.

(2) No action shall lie against any under-sheriff for or on account of his having taken in execution under any execution order at the suit of the Land Commission, any goods, animals, or other chattels found in the house or other place of residence 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 any person other than the debtor, 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.