Insolvency Act, 1936 (Act No. 24 of 1936)98. Costs of execution |
| (1) | Thereafter any balance of the free residue shall be applied in defraying— |
| (a) | the taxed fees of the sheriff or messenger in connection with any execution upon any property of the insolvent and in connection with any proceedings which resulted in that execution; and |
| (b) | any other taxed costs in those proceedings not exceeding a sum of R50, |
to a total amount not exceeding the proceeds of that property if that property was still under attachment or if the proceeds of the sale in execution of that property were still in the hands of the sheriff or messenger at the time of the sequestration of the insolvent's estate.
| (2) | The attachment of any property in execution of any judgment shall, after the sequestration of the estate of the judgment debtor, not have the effect of conferring upon the judgment creditor any other preference than the preference provided for in subsection (1). |