Magistrates' Courts Act, 1944 (Act No. 32 of 1944)RegulationsRules Regulating the Conduct of the Proceedings on the Magistrates' Courts of South Africa42. Execution against movable property (continued) |
| (1) | Where the property attached in execution is a lease or a bill of exchange, promissory note, bond or other security for the payment of money— |
| (a) | attachment shall not be complete until after notice to the lessor, lessee or person liable on the bill of exchange or other security, as the case may be; and |
| (b) | the attachment shall not be valid unless and until the instrument in question is taken possession of by the sheriff and notice has, in the case of a registered lease or bond, been given to the registrar of deeds concerned. |
| (2) | Where the movable property sought to be attached is the interest of the execution debtor in property pledged, leased or sold under a suspensive condition to or by a third person or is under the supervision or control of a third person— |
| (a) | attachment shall be effected by service by the sheriff on the execution debtor and on such third person of notice of the attachment with a copy of the warrant of execution, which service may be effected as if such notice was a summons: Provided that where service cannot be effected in any manner prescribed the court may make an order allowing service to be effected in the manner stated in the order; and |
| (b) | the sheriff may, upon exhibiting the original of such warrant of execution to the pledgee, lessor, lessee, purchaser, seller or such other third person, enter upon the premises where such property is and make an inventory and valuation of the said property. |
| (3) | The method of attachment of property under section 32 of the Act shall mutatis mutandis be the same as that of attachment in execution. |