Re Purcell

• Jurisdiction: Ireland
• Judgment Date: 14 November 1884
• Court: Bankruptcy Court (Ireland)
• Date: 14 November 1884

Bankrupt.

IN RE PURCELL, A BANKRUPT.

Roe v. Hammond 2 C. P. Div. 300.

Mortimore v. Cragg 3 C. P. Div. 216.

Yates v. Meehan 11 Ir. C. L. K. App. 1.

Royle v. BusbyELR 6 Q. B. Div. 171.

Alchin v. WellsENR 5 T. R. 470.

Chapman v. BowlbyENR 8 M. & W. 249.

In re Craycrof 8 Ch. Dir. 596.

Sheriff — Fees — Sale under fi. fa. partially abortive — Part only of goods taken in execution sold before bankruptcy — Removal to public salerooms — Expenses of removal and hire of salerooms.

VoL. XIII.] CHANCERY DIVISION. that that rule applies here, and that accordingly the entire trust for accumulation here is void for remoteness, and that the sum of £3000 in question and all interest thereon since the death of the testatrix are not effectually disposed of by her will, except by the residuary bequest, and that they passed by that bequest to the Defendant Miss Emily Gun-Cuninghame. The costs of all the parties must be paid out of the testatrix's residuary personal estate. Solicitor for the Plaintiff : Mr. B. W. Rooke. Solicitor for the Defendants Dlr. J. H. Moore. IN RE PURCELL, A BANKRUPT. Sherif-Fees-Sale under fi. fa. partially abortive-Part only of goods taken in execution sold before bankruptcy-Removal to public salerooms-Expenses of removal and hire of salerooms. A writ of fi. fa. for £283 4s. ld. was delivered to a sheriff, under which he seized several musical instruments at the warehouse of P., the execution debtor, who was a pianoforte-seller ; and, without receiving any directions from either P. or the execution creditor, but acting on his own responsibility, the sheriff without, as the Court considered, sufficient grounds for so doing, removed the goods from P.'s premises to a sale mart situate close by, where a small part of them were sold by auction for £62 5s., and in consequence of the insufficient bidding the sale of the remainder was adjourned. P. was adjudicated a bankÂrupt before the day to which the sale stood adjourned. The sheriff claimed, as against P.'s assignees in bankruptcy, to retain out of the proceeds of the sale in his hands, fees on the entire sum for which the exeÂcution was issued, together with the expenses of removing the goods to the sale mart and the hire of the mart : Held, that the sheriff was only entitled to retain fees on the amount actually 1Pvied, and. that the residue of his claim must be disallowed. that the sheriff acted improvidently in removing the goods for sale from P.'8 establishment without his assent or other sufficient grounds. Bankruptcy. MoTIoN, on behalf of the assignees of the bankrupt T. T. 1884. Purcell, that the sheriff of the city of Limerick do pay to the In re official assignees the sum of £13 lls. 6d., being the amount dis h:rams,. allowed off the sheriff's account, furnished to the assignees in this matter, and for the costs of the motion. The facts of the case were these :-Upon the 9th of February, 1883, a writ of fi. fa. was delivered to the sheriff against the goods of the bankrupt for the sum of £283 4s. ld. debt and costs, and under that writ a seizure was made on the same day (February 9) of fourteen pianos and a harmonium, all on the premises of the bankrupt in the city of Limerick. The sheriff made no attempt to dispose by sale of any of the goods of the bankrupt on the premises of the bankrupt, but caused all such pianos and goods to be removed from the premises to a public sale mart at a short distance off in the same city. The sheriff then advertised a sale to be held on the 12th of February, 1883, of the bankrupt's goods at that public sale mart to which they had been removed, and caused to be sold on the 12th of February two of the pianos and one harmonium, which were disÂposed of for the sum of £62 5s., and then, in consequence of inÂsufficient bidding, adjourned the sale until the 15th of February, 1883. On the 13th of February the bankrupt was adjudicated on his • own petition, and the messenger of the Court, under his warrant, took possession on the 14th of February, 1883, of all pianos and goods of the bankrupt then remaining unsold. The sheriff furÂnished his account to the Court, debiting himself with £62 5s. as the aggregate of the sums received for the two pianos and one harmonium sold by him on the 12th of February, 1883, and took credit, as against that sum, for fees upon the entire sum of £283 4s. ld., for which the execution issued. The Chief RegisÂtrar refused to allow the sheriff any fees upon any sum beyond the sum of £62 5s., which had been actually levied by the sheriff under the execution, and for which he was then accounting. The sum of £13 lls. 6d. referred to in the notice of motion was composed of three sums, viz. £6 16s. 6d. claimed as additional sheriff's fees, £1 108. costs for removing pianos from the premises VoL. XIII.1 CHANCERY DIVISION. five days. The material parts of the affidavit filed by the sheriff in support of his claim, and of the correspondence between the sheriff and the assignees in reference thereto, will be found stated in the judgment of MILLER, J., infra, p. 492. Mr. R. P...