Supreme Court.
[CAP. 4
property of
110. If the property to be sold is of small value, the court may, in its discretion, order it to be sold without a commission of sale being issued.
111. The court may, either before or after final judgment, order any property under arrest of the court to be removed or any cargo under arrest on board ship to be discharged.
112. The appraisement, sale, and removal of property, the discharge of cargo, and the demolition and sale of a vessel condemned under any Slave Trade Act shall be effected under the authority of a commission addressed to the bailiff.
113. The commission shall, as soon as possible after its execution, be filed by the bailiff, with a return setting forth the manner in which it has been executed.
114. As soon as possible after the execution of a commission of sale, the bailiff shall pay into court the gross proceeds of the sale, and shall, with the commission, file his accounts and vouchers in support thereof.
Forms 27-32.
115. The Registrar shall tax the bailiff's account, and shall report the amount at which he considers it should be allowed; and any party who is interested in the proceeds may be heard before the Registrar on the taxation.
116. Application may be made to the court on motion to review the Registrar's taxation.
117. The court may, in its discretion, order any property under the arrest of the court to be inspected.
118. The plaintiff may at any time discontinue his action, by filing a notice to that effect, and the defendant shall thereupon be entitled to have judgment entered for his costs of action, on filing a notice to enter the same. The discontinuance of an action by the plaintiff shall not prejudice any action consolidated therewith or any counterclaim previously set up by the defendant.
Forms 34, 35.
Appendix.
281
Supreme Court.
[CAP. 4
property of
110. If the property to be sold is of small value, the Sale of court may, in its discretion, order it to be sold without a small value. commission of sale being issued.
property, etc.
111. The court may, either before or after final judgment, Removal of order any property under arrest of the court to be removed or any cargo under arrest on board ship to be discharged.
for appraise-
112. The appraisement, sale, and removal of property, Commission the discharge of cargo, and the demolition and sale of a ment, etc. vessel condemned under any Slave Trade Act shall be Appendix. effected under the authority of a commission addressed to the bailiff.
113. The commission shall, as soon as possible after its execution, be filed by the bailiff, with a return setting forth the manner in which it has been executed.
114. As soon as possible after the execution of a com- mission of sale, the bailiff shall pay into court the gross proceeds of the sale, and shall, with the commission, file his accounts and vouchers in support thereof.
Forms 27-32.
Filing of with return.
commission
Payment
into court
of proceeds
of sale.
Taxation of
bailiff's
115. The Registrar shall tax the bailiff's account, and shall report the amount at which he considers it should be account. allowed; and any party who is interested in the proceeds may be heard before the Registrar on the taxation.
116. Application may be made to the court on motion to Application review the Registrar's taxation.
to review
taxation.
117. The court may, in its discretion, order any property Inspection under the arrest of the court to be inspected.
Discontinuance.
of property.
Appendix. Form 33.
Discontinu- plaintiff sequences
ance by
and con-
thereof.
118. The plaintiff may at any time discontinue his action, by filing a notice to that effect, and the defendant shall thereupon be entitled to have judgment entered for his costs of action, on filing a notice to enter the same. The discon- tinuance of an action by the plaintiff shall not prejudice any Forms 34. 35. action consolidated therewith or any counterclaim previously set up by the defendant.
Appendix.
281
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