CHAPTER 22.
EXECUTION AGAINST REAL PROPERTY.
An Ordinance subjecting Real Estate to the payment of Debts.
[20TH DECEMBER, 1906.]
1. This Ordinance may be cited as the Execution against
Real Property Ordinance.
2. The houses, lands and other hereditaments and real estate
situate or being within any part of the Colony, belonging to
any person whatsoever indebted, shall be liable to, and chargeable with, all just debts, dues and demands, of what nature or
kind soever, owing by, or due from any such person to Her
Majesty, or any of her subjects, and shall be and are hereby
made chattels for the satisfaction thereof, in like manner as
personal estates within the Colony are seized, extended, sold
or disposed of for the satisfaction of debts.
3. When any person shall die seised of or entitled to any
estate or interest in lands, tenements, hereditaments or other
real estate, which he shall not by his last will have charged
with, or devised subject to, or for the payment of, his debts,
the same shall be assets to be administered for the payment of
all just debts of such person.
Exec'ution Against Real Property [Cap. 22 167
-4. When and as often as any writ for fieri facias shall issue Form ?~ w:it
. d h l h h ll b . h ofjienJac~as.
agamst any lan s or ot er rea estates, t e same s a em t e
form in S~hedule A hereto with such variations as circumstances
roay reqmre.
5. When and as often as any writ of fieri facias shall issue
against any lands or other real estate, the sheriff or other
officer shall levy the debt or damages and costs mentioned in
such writ according to the command thereof; and such sheriff
or other officer that sold the same shall, in his own name,
make unto the purchaser a deed of conveyance, therein reciting
the execution or other process requiring such sale to be made,
by virtue whereof the premises were sold as aforesaid, according
to the form in Schedule B hereto and shall put him into possession thereof, and by such deed, being first registered at the
Office of the Registrar General of the Colony, under the provisions of the Registration of Instruments Ordinance, the
purchaser shall be, and is hereby declared to be, vested in as
good and perfect an estate as the owner of such houses, lands,
hereditaments or other real estate was seised of, or entitled
unto, at or before the sale thereof as aforesaid, and as fully to
all intents and purposes as if the person, against whom such
writ of execution shall be granted, had sold such lands and
premises to such purchaser and signed, sealed and delivered a
good deed for the same, and received the consideration money
himself.
6. The purchaser, his executors, administrators or assigns
shall hold the premises purchased under the provisions of this
Ordinance free and clear of all judgments or recognisances
whatsoever, by virtue whereof no execution has been executed
upon the real estate so purchased, any law, usage or custom to
the contrary thereof notwithstanding.
7. Any defendant whose houses, lands, hereditaments or real
estate shall, or hereafter may, be taken in execution shall have
free election by himself, his attorney, his executors or administrators as to what part or portion of the said houses, lands,
hereditaments or other real estate shall be sold sufficient to
satisfy the monies due and payable on such execution by
signifying the same in writing to the officer who is to make the
sale at any time, twenty days before such sale is made.
Sheriff to
make conveyance, etc.
Cap. 256.
Purchaser to
hold free of
judgments.
Owner to
have election
as to portion
to be sold.
8. If any judgment or process by virtue of which such sale ~~versa! of
shall be made as aforesaid shall happen to be reversed for !~ !:e~~t not
error, yet the said reversal shall not be given in evidence or be bonafide
purchase.
Lands, etc.,
not to be sold
if goods and
chattels
sufficient, nor
without
notice of sale.
Three
months'
notice before
sale of lands,
etc.
Hours of sale.
Section 4.
Form of writ
of fieri facias.
Colony of
Sierra Leone
(to wit).
Cap. 22] Execution Against Real Property
of force against any bona fide purchaser under the said judgment
or process, but the said purchaser, his executors, administrators
or assigns shall hold the land or other thing so bona fide purchased, notwithstanding a reversal of the judgment or process
after his purchase, and such reversal shall only operate against
the plaintiff, his executors and administrators to compel him
or them to return the value to the defendant of what he lost.
9. Where executions shall issue under the provisions of this
Ordinance against the goods and chattels, lands and tenements
of any defendant, if such defendant shall have goods and
chattels which may be come at and levied upon sufficient to
satisfy such debt, damages and costs recovered, the lands and
tenements of the said defendant shall not be levied upon; and
when there shall not be goods and chattels sufficient to satisfy
such debts, damages and costs, and the lands, tenements and
real estate shall be taken in execution, the sheriff or other officer
shall not proceed to the sale of any such land or tenement
until he shall have given the notice hereinafter required, or
unless by the desire of the defendant signified to him in writing
for that purpose.
10. Before any sale shall be made by virtue of this Ordinance
by any sheriff, or other officer, of the houses, lands, hereditaments or other real estate of any person, save as in the last
preceding section provided, he shall first advertise in three or
more of the most public places of the town or place where such
houses, lands, hereditaments or other real estate are, the time
and place of such intended sale at least three months before
he shall make the same, and then and there, between the hours
of twelve and five in the afternoon, shall sell the same to the
highest bidder.
SCHEDULE A.
19 ............ . No ......................... .
IN THE SuPREME CouRT oF SIERRA LEoNE.
Between .......................................... plainti:ff, and .......................................... defendant.
Elizabeth II, by the Grace of God, of the United Kingdom of Great Britain
and Northern Ireland, and of all the British Dominions beyond the seas,
Queen, Defender of the Faith.
To the Sheriff of the Colony of Sierra Leone Greeting.
We command you that of the personal estate of. ....................................... ..in your
bailiwick, if the same be sufficient, and if not, then of the personal estate,
lands, tenements, hereditaments and other real estate of... .................................you
Execution Against Real Property [Cap. 22 169
---------------------------------------------------------------·----------
cause to be made the sum of £ .................................... and also interest thereon at the
rate of £4 per centum per annum from the .................................... day of.. ................................. .
19 ...... , which said sum of money and interest were lately before us in our said
Supreme Court aforesaid in a certain action wherein .................................. ..is plaintiff
and .................................. ..is defendant, by a judgment of our said Court, bearing date
the .................................... day of................................... .l9 ...... , adjudged to be paid by the said
.................................... to .................................... together with certain costs in the said judgment
mentioned, and which costs have been taxed and allowed by the Master and
Registrar of our said Supreme Court at the sum of £ ....................... .s ......................... d., as
appears by the certificate of the said Master and Registrar, dated the
................................... day o£... ................................. 19 ...... .
And that of the said personal estate, lands, tenements, hereditaments and
other real estate of the said .................................. ..in your bailiwick, you further cause
to be made the sum of £ ....................... .s ......................... d., together with interest thereon,
at the rate of £4 per centum per annum from the said.................................... day of
................................... .19 ...... , and that you have that money and interest before us in
our said Supreme Court immediately after the execution hereof, to be paid to
the said .................................. ..in pursuance of the said judgment.
And in what manner you shall have executed this our writ make appear to
us in our said Supreme Court immediately after the execution thereof, and
have there then this writ.
Witness His Lordship .................................... at Freetown, the .................................... day of
.................................... in the year of our Lord,'19 .......
(Signed) ...................................................................... ..
Master of Supreme Court.
SCHEDULE B.
Know all men by these presents that I, X.Y., Sheriff of the Colony of
Sierra Leone (or otherwise as the case may be), in consideration of... ............................... ..
of lawful money of this Colony to me in hand paid by Y.Z. of... ................................. the
receipt whereof I do hereby acknowledge, and thereof and therefrom do ever
acquit and discharge the said Y.Z., his executors and administrators, and by
virtue of the power and authority vested in me by a writ of fieri facias, a copy
of which said writ is hereunto annexed (annex a true copy of the writ word for
word), have granted and conveyed, and by these presents do grant and convey,
unto the said Y.Z., his executors, administrators and assigns for ever all that
(describe the land as the case may be), and all the estate, right, title and interest
whatsoever of A.B. (insert the name of the defendant mentioned in the writ of
fieri facias) into or out of the same, and every part or parcel thereof to have
and to hold the said piece or parcel of land (or town lot of land) and all other the
premises hereby granted and conveyed or mentioned, or intended to be hereby
granted and conveyed, and every part or parcel thereof, with their and every
their appurtenances, unto the said Y.Z., his executors, administrators and
assigns for ever, to the only proper use and behoof of him, the said Y.Z., his
executors, administrators and assigns, for ever.
In witness whereof I, the said X.Y., the Sheriff aforesaid, have hereunto
set my hand and seal the .................................... day of... ............................... ..in the year of our
Lord, 19 .......
(The Sheriff to put the purchaser in possession, and indorse the following on
the back of the foregoing.)
Section 5.
Form of
conveyance.
170 Cap. 22] Execution Against Real Property
Be it remembered that this .................................... day of....................................in the year of
our Lord ........................ peaceable and quiet possession and seisin of the withinmentioned land and other premises in this deed contained was delivered by
the within-named X.Y., according to the form and effect of this deed in the
presence of us whose names are hereunto subscribed.
I.K.
L.M.
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