shall include in his notice a statement of this address, and that address shall be his address for
service.
(2)
On receipt of a claim made under this rule, the sheriff shall forthwith give notice thereof to the
execution creditor and the execution creditor shall, within seven days after receiving the notice,
give notice to the sheriff informing him whether he admits or disputes the claim.
(3)
An execution creditor who gives notice in accordance with this provision admitting the claim shall
only be liable to the sheriff for any fees and expenses incurred by the sheriff before the receipt of that
notice.
4.
(a)
Wherethe sheriff receives a notice from an execution creditor under sub-rule 2 of this rule, disputing
a claim, or the execution creditor fails, within the period mentioned in that sub-rule to give the
required notice; and
The claim made under this rule is not withdrawn; the sheriff may apply to the court under this order.
(b)
(5)
A sheriff who receives a notice from an execution creditor under sub rule (2) of this rule admitting a
claim made under this provision, shall withdraw from possession of the money, goods or chattels
claimed and may apply to the Court for relief under this provision of the following kind, that is to say,
an order restraining the bringing of an action against him for or in respect of his having taken
possession of that money or those goods or chattels
Mode of application
3.
(1) An application for relief under this order shall be made by originating summons unless made in
a pending action in which case it shall be made by motion in the action.
(2)
Where the applicant is a sheriff who has withdrawn from possession of money, goods or chattels
taken in execution and who is applying for relief under rule 2 (5) of this order, the summons
shall be served on any person who made a claim under rule 2 ( 1 ) of this order, to or respect of
the money, or those goods or chattels, and that person may attend the hearing of the application.
(3)
No appearance need be entered to an originating summons under this provision.
Matters to be proved.
4.
(a)
(b)
(c)
The applicant shall satisfy the Court or a Judge in Chambers by affidavit or otherwise
that
The applicant claims no interest in the subject matter in dispute, other than for charges or costs,
and
The applicant does not collude with any of the claimants; and
The applicant is willing to pay or transfer the subject matter into Court or to dispose of it as the
Court or a Judge in Chambers may direct.
When application to be made by defendant.
5.
Where the applicant is a defendant, application for relief may be made at any time after
service of the writ of summons.