(1) If the person entitled to the property referred to in section 370 is known, the Magistrate’s Courtrelevant court must cause a notice to be served on that person instructing him to take delivery of the property within the period specified in the notice which must be at least 48 hours after the date of service of the notice.
Section history
Section 371 — Procedure when person entitled to property is known
As in force on 31 October 2018.
(2)Section 116 shall apply as nearly as may be practicable to the procedure governing the service of the notice referred to in subsection (1) as if a summons were a notice.
(3) If the person entitled to the property referred to in section 370 fails to take delivery of the property within the period specified in the notice referred to in subsection (1), the Magistrate’s Courtrelevant court may, after one month from the expiry of that period, cause the property to be sold.
(4) Notwithstanding the other provisions in this section, if the property is perishable or if, in the opinion of the Magistrate’s Courtrelevant court, its value is less than $500, the Magistrate’s Courtrelevant court may cause the property to be sold at any time.
(5)The Magistrate’s Court must pay the net proceeds of the sale under subsections (3) and (4) on demand to the person entitled.
(5)The relevant court must cause the net proceeds of the sale under subsection (3) or (4) to be paid, on demand, to the person entitled.