Clause 106

Where any property of a debtor is taken in execution, then, if before the completion of the execution notice is given to the Sheriff that a bankruptcy order has been made against the debtor, the Sheriff shall deliver the property or the possession thereof and any such moneys to the Official Assignee, but the costs of and incidental to the execution shall be a first charge on the property or moneys, and the Official Assignee may sell the property or any adequate part thereof for the purpose of satisfying the charge.

Where a writ of seizure and sale has been issued in respect of a judgment for a sum exceeding $2,000, the Sheriff shall hold all moneys coming to his hands under the writ of seizure and sale for 14 days from the receipt thereof, and if within that time notice is served on him of a bankruptcy petition having been presented against or by the debtor and a bankruptcy order is made against the debtor thereon or on any other petition of which the Sheriff has notice, he shall deduct the costs of and incidental to the execution and pay the balance to the Official Assignee, who shall be entitled to retain the same as against the execution creditor.