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An order is accordingly addressed by the Registrar to the Auctioneer. Such orders have at all material times been signed by Mr. Melbourne.
The sale having taken place the proceeds should be paid into Court by the Auctioneer within eight days.
The Registrar should then address to the Colonial Treasurer a Direction to receive the money and this should be transmitted to the Treasury with the money. (Ord.5/1896 and Rules thereunder). At all material times the se Directions have been signed by Mr. Melbourne.
On receipt of the money, the Treasurer issues his
receipt which is required to be filed by the Registrar
with the papers in the matter.
Then payment is required to be made to persons entitled to the money the Registrar addresses to the Treasurer a Direction to pay to the person named therein. (b) The records which are kept in the Registry with regard to sales under distraints are:-
Not attached Copy page of
Distraint Book
(i) The Distraint Book.
A copy of one page of this book is attached to this
report and marked "G".
All items excepting those under the headings of "Result" and "Net Proceeds" are posted in the Distraint
Book at the time of issue of the Distress Warrant.
This posting is done by any member of the bailiff's staff who happens to be present in the office and to
dealt with the issue of the Distress Warrant.
It is clear that for this book to be of any value as a book of record or the purpose of enabling a check to be made of the proceeds received in respect of sales it was essential that the entries under the
headings of "Result" should be entered immediately any
distraint was concluded either by withdrawal or by
receipt of the proceeds of sale.
Mr. O' Sullivan states that he regards it as the
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