SUMMONS,  by  an  execution  creditor  under  sect.  13  of  An;rier*i,J

'     J  not  be  made  for

the  Common  Law  Procedure  Act  of  1860(a),  for  an  order  the  sale  of
directing  the  sale  of  certain  goods  of  the  judgment  debtor's  execution  un-
claimed by  a  third  party  under  a  bill  of  sale.  fheCMi  p°f

In  support  of  the  summons,  there  was  an  affidavit  of  a  Act.  i860,  ex-
judgment  debt  for  300Z.,  and  of  a  claim  to  all  the  goods  special  circum-
under  a  bill  of  sale  for  5,000/.  SSKEt

It  was  not  shown  that  the  selling  value  of  the  goods  the  value  of

°  °  the  saleable

was  above  5,000/.  goods  is  shown

to  exceed  the

Edye,  for  the  judgment  creditor,  in  support  of  the  sum-  amount  of  the
mons,  urged  that  the  Act  gave  the  power  to  order  a  sale,
and  that  it  was  reasonable  to  do  so,  for  it  was  unjust  that
the  claimant  should  neither  realize  his  security  nor  allow
any  other  creditor  to  do  so  (i).
(a)  When  goods  or  chattels  have
been  seized  in  execution  .  .  .  and
some  third  party  claims  to  be  en-
titled under  a  bill  of  sale  or  other-
wise to  such  goods  or  chattels,  by
way  of  security  for  a  debt,  the
Court  or  a  Judge  may  order  a  sale
of  the  whole  or  a  part  thereof,  upon
such  terms  as  to  payment  of  the
whole,  or  part  of  the  secured  debt
or  otherwise,  as  they  shall  think  fit,
and  may  direct  the  application  of
the  proceeds  of  the  sale  in  such


manner  and  on  such  terms  as  to
them  may  seem  just.
(6)  But  at  law  the  sheriff  has  no
right  to  seize  goods  on  which  a
third  party  has  a  lien,  Rogers  v.
