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s 100

Interpleader

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Part VIAdministration of Justice

100 Interpleader

If any claim shall be made to or in respect of any goods or chattels taken in execution under process from the Warden’s Court, or in respect of the proceeds or value thereof, by any person, not being the party against whom such process shall have been issued, the warden may, upon application of the officer charged with the execution of such process, as well before as after any action brought against such officer, issue a summons calling before the warden as well the party issuing such process as the party making such claim. Thereupon any action which shall have been brought in any court in respect of such claim shall be stayed, and the court in which such action shall have been brought, on proof of the issue of such summons, and that the goods and chattels were so taken in execution, may order the party bringing such action to pay the costs of all proceedings taken therein after the service upon him of such summons, and the warden shall adjudicate upon such claim and make such order between the parties in respect thereof and of the costs of the proceedings as to him shall seem fit.

[Section 100 amended: No. 66 of 1954 s. 32.]

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