Victorian Current Acts Victorian Current ActsS. 208(1) amended by No. 25/2023 s. 7(Sch. 1 item 20.2).
(1) The houses lands and other hereditaments and real estates situate or being within Victoria belonging to any person indebted including an equity of redemption and all interest to which such person is entitled in any houses lands and other hereditaments corporeal or incorporeal and real estates in Victoria and which he might according to the laws of Victoria dispose of, and all powers vested in any such person which such person might legally execute for his own benefit, shall be liable to and chargeable with all just debts duties and demands of what nature or kind soever owing by any such person to His Majesty or any of His subjects or other persons entitled in like manner as subjects; and shall and may be assets for the satisfaction thereof in like manner as real estates were by the law of England liable to the satisfaction of debts due by bond or other specialty; and subject to the provisions of this Part shall be subject to the like remedies proceedings and process in any court of law or equity in Victoria for seizing extending selling or disposing of any such houses lands and other hereditaments and real estates towards the satisfaction of such debts duties and demands, and in like manner as personal estates in Victoria are seized extended sold or disposed of for the satisfaction of debts.
S. 208(2) amended by No. 110/1986 s. 140(2).
(2) It shall be lawful for every sheriff or other officer to whom any process of execution is directed at the suit of any person or persons of for and upon any judgment made or had to do make and deliver execution unto the party in that behalf suing of all such lands tenements rents and hereditaments as any other person or persons may be in any manner seised or possessed in trust for him against whom execution is so sued, like as the sheriff or other officer might or ought to have done if the said party against whom execution is so sued had been seised of such lands tenements rents or other hereditaments of such estate as such other person or persons may be seised or possessed of in trust for him at the time of the said execution sued; which lands tenements rents and other hereditaments by force and virtue of such execution shall accordingly be held and enjoyed freed and discharged from all incumbrances of such person or persons as are so seised or possessed in trust for the person against whom such execution is sued.
S. 208(3) amended by No. 110/1986 s. 140(2).
(3) It shall not be necessary for the sheriff or other officer having the execution of any process of execution to make any seizure of land or of the right title and interest of any person of to or in any land or real estate under any process of execution before the sale of such land right title and interest, any law to the contrary hereof notwithstanding: Provided always that no houses lands and other hereditaments and real estates shall be sold under any such writ until one month next after notice of the time and place of such sale has been published in the Government Gazette and in some newspaper circulating in the neighbourhood of such houses lands and other hereditaments and real estates.
S. 208(4) amended by No. 110/1986 s. 140(2).
(4) In case of any sale of the right title and interest of any person of to or in any lands under any process the sheriff or his deputy or such other person as is lawfully appointed to execute such process shall execute a proper deed conveyance or transfer of the right title and interest of such first-mentioned person to the purchaser thereof and every such deed conveyance or transfer executed by such deputy or other person shall be as valid and effectual as if such right title and interest had been sold by the sheriff under any process addressed to him before the commencement of the Supreme Court Act 1986 and the deed conveyance or transfer had been executed by him.
Nos 3754 s. 209, 6012 s. 8(1)(b).
S. 209 amended by No. 110/1986 s. 140(2).