317
1
C
(7) Non-payment to the Suitors' Fund.
91
It has been the practice of the shroff, with the consent of execution creditors, to accept payment made by
execution debtors with the object of avoiding arrest and
to pay these sums to the execution creditors direct. Such
receipts would not be shown in the Registry books.
It appears to the Committee that any deviation from
the rule requiring payment of the Suitors' Fund opens a
loop-hole for fraud and that this practice should be
di scontinued.
(8) Proceeds of sales under Distraints.
Section 27 (2) of the Distress for Rent Ordinance
No.1 of 1883 appears to call for the gross proceeds of sale
being paid into Court.
The present practice is for the net proceeds of sale,
that is, the gross proceeds less auctioneers' Commission and cost of advertising and other expenses, if any, incurred
by the auctioneer, to be paid into Court.
The Committee suggests that the Ordinance be amended
to allow of the present practice being continued, as this
will obviate a considerable amount of clerical labour, both
in the Registry and in the Treasury.
Dated the 9th day of December, 1926.
(Sd). C.McI. Messer, Chairman
11/12/26.
(Sd). M.J. Breen
Members.
(Sd). T.M. Hazlerig