An Essay Upon Projects by Daniel Defoe
page 121 of 185 (65%)
page 121 of 185 (65%)
![]() | ![]() |
|
This officer shall supersede even the Sheriff in possession, excepting by an extent for the king; only with this provision:- That if the Sheriff be in possession by warrant on judgment obtained by due course of law, and without fraud or deceit, and, bona fide, in possession before the debtor entered his name in the office, in such case the plaintiff to have a double dividend allotted to his debt; for it was the fault of the debtor to let execution come upon his goods before he sought for protection; but this not to be allowed upon judgment confessed. If the Sheriff be in possession by fieri facias for debt immediately due to the king, the officer, however, shall quit his possession to the commissioners, and they shall see the king's debt fully satisfied before any division be made to the creditors. The officers in this case to take no fee from the bankrupt, nor to use any indecent or uncivil behaviour to the family (which is a most notorious abuse now permitted to the sheriff's officers), whose fees I have known, on small executions, on pretence of civility, amount to as much as the debt, and yet behave themselves with unsufferable insolence all the while. This officer being in possession, the goods may be removed, or not removed; the shop shut up or not shut up; as the bankrupt upon his reasons given to the commissioners may desire. The inventory being taken, the bankrupt shall have fourteen days' time, and more if desired, upon showing good reasons to the |
|