A 298
[Subsidiary]
App. B. Form 12.
App. B. Form 13.
CAP. 4 The Rules of the Supreme Court-Order 75 [1988 Ed.
Appraisement and sale of property (O. 75, r. 23)
23. (1) A commission for the appraisement and sale of any property under an order of the Court shall not be issued until the party applying for it has filed a praecipe in Form No. 12 in Appendix B.
(2) Such a commission must, unless the Court otherwise orders, be executed by the bailiff and must be in Form No. 13 in Appendix B.
(3) A commission for appraisement and sale shall not be executed until an undertaking in writing satisfactory to the bailiff to pay the fees and expenses of the bailiff on demand has been lodged in the bailiff's office.
(4) The bailiff shall pay into court the gross proceeds of the sale of any property sold by him under a commission for sale and shall bring into court the account relating to the sale (with vouchers in support) for taxation.
(5) On the taxation of the bailiff's account relating to a sale any person interested in the proceeds of the sale shall be entitled to be heard, and any decision of the Registrar made on the taxation to which objection is taken may be reviewed in the same manner and by the same persons as any decision of the Registrar made in taxation proceedings under Order 62, and rules 33 to 35 of that Order shall apply accordingly with the necessary modifications.
Undertaking as to expenses, etc. (O. 75, r. 23A)
23A. (1) Every undertaking under rule 8(3), 10(3), 13(7) or 23(3) shall be given in writing to the satisfaction of the bailiff.
(2) Where a party is required by rule 8(3), 10(3), 13(7) or 23(3) to give to the bailiff an undertaking to pay any fees or expenses, the bailiff may require from time to time the deposit with him of such sum as he considers reasonable to meet those fees and expenses.
(3) The Court may, on the application of any party who is dissatisfied with a direction or determination of the bailiff under rule 13(7) or this rule, vary or revoke the direction or determination.
Payment into and out of court (O. 75, r. 24)
24. (1) Order 22 (except rules 3, 4 and 12) shall apply in relation to an Admiralty action (other than a limitation action) as it applies to an action for a debt or damages.
(2) Subject to paragraphs (3) and (4), money paid into court shall not be paid out except in pursuance of an order of the judge in person.
(3) The Registrar may, with the consent of the parties interested in money paid into court, order the money to be paid out to the person entitled thereto in the following cases, that is to say——
A 298
[Subsidiary]
App. B. Form 12.
App. B. Form 13.
CAP. 4 The Rules of the Supreme Court-Order 75 [1988 Ed.
Appraisement and sale of property (O. 75, r. 23)
23. (1) A commission for the appraisement and sale of any property under an order of the Court shall not be issued until the party applying for it has filed a praecipe in Form No. 12 in Appendix B.
(2) Such a commission must, unless the Court otherwise orders, be executed by the bailiff and must be in Form No. 13 in Appendix B.
(3) A commission for appraisement and sale shall not be executed until an undertaking in writing satisfactory to the bailiff to pay the fees and expenses of the bailiff on demand has been lodged in the bailiff's office.
(4) The bailiff shall pay into court the gross proceeds of the sale of any property sold by him under a commission for sale and shall bring into court the account relating to the sale (with vouchers in support) for taxation.
(5) On the taxation of the bailiff's account relating to a sale any person interested in the proceeds of the sale shall be entitled to be heard, and any decision of the Registrar made on the taxation to which objection is taken may be reviewed in the same manner and by the same persons as any decision of the Registrar made in taxation proceedings under Order 62, and rules 33 to 35 of that Order shall apply accordingly with the necessary modifications.
Undertaking as to expenses, etc. (O. 75, r. 23A)
23A. (1) Every undertaking under rule 8(3), 10(3), 13(7) or 23(3) shall be given in writing to the satisfaction of the bailiff.
(2) Where a party is required by rule 8(3), 10(3), 13(7) or 23(3) to give to the bailiff an undertaking to pay any fees or expenses, the bailiff may require from time to time the deposit with him of such sum as he considers reasonable to meet those fees and
expenses.
(3) The Court may, on the application of any party who is dissatisfied with a direction or determination of the bailiff under rule 13(7) or this rule, vary or revoke the direction or determination.
Payment into and out of court (0. 75, r. 24)
24. (1) Order 22 (except rules 3, 4 and 12) shall apply in relation to an Admiralty action (other than a limitation action) as it applies to an action for a debt or damages.
(2) Subject to paragraphs (3) and (4), money paid into court shall not be paid out except in pursuance of an order of the judge in
person.
(3) The Registrar may, with the consent of the parties inter- ested in money paid into court, order the money to be paid out to the person entitled thereto in the following cases, that is to say——
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