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The point is that, regardless of whether the bailiff’s and auctioneer’s fees are eminently reasonable, it will always result in net-negative benefit to society (excepting the bailiff and auctioneer) whenever the bailiff confiscates property whose auction proceeds are less than the sum of those fees. It is therefore contrary to the public interest for the bailiff to confiscate property unless it can reasonably be expected to substantially clear those fees when auctioned.


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