The Gazette 1913-14

The Gazette of the Incorporated Law Society of Ireland.

[MAY, 1913

10

MR. JUSTICE BARTON'S COURT.

MASTER OF THE ROLLS' COURT.

Sales.

The Solicitor issues a summons to proceed with the sale before the Chief Clerk. He goes through the conditions of sale as far as the particulars of the sale and general condition are concerned, and if he be satisfied he sends the title and conditions to the Court Counsel. The case is then adjourned from time to time until the title is passed by the Court Counsel, and the case is placed in the Saturday list. The Chief Clerk directs the advertisements, rentals, etc., signs the posters, fixes Auctioneer's fees, and also the valuer's they must be different persons and fixes the reserve price.

12. On the judgment or order for sale the Solicitor prepares the abstract of title, which need not be verified, nor need the documents be lodged in Court unless the title deeds are in the possession of a third party, when a summons may be issued to compel their lodgment in Court subject to lien. The abstract is sent to the Court Con– veyancing Counsel with copies of the deeds, a case for advice, draft particulars of the property, and a copy of the ordinary con– ditions of sale (General Orders, Appendix Form 16). The Solicitor drafts the particulars and conditions of sale (three copies of each), one for printer, one for Chambers, and one for verification, with an affidavit of value. The last is sent to a valuer selected by the Solicitor, who afterwards acts as Auctioneer. The valuer encloses his valuation in an envelope, verified by affidavit, and after this various documents are lodged in Court, and a summons is issued to settle the particulars and conditions of sale, moved before the Judge by a Solicitor. The Judge fixes the reserved price and the Auctioneer's fee. The Solicitor arranges the date of sale, etc., with the Auctioneer, and fills up the particulars and conditions of sale accordingly, and then has the particulars and conditions of sale printed without directions, and the Auctioneer's certificate of the result of the sale, the bidding paper and the particulars and conditions of sale referred to in it, and the documents signed by the purchaser are handed in to the Chief Clerk. Queries are discharged before the Chief Clerk, and the Solicitor bespeaks a lodgment schedule. In case of no sale the Chief Clerk does not

In case of no sale the Chief Clerk makes up a certificate accordingly. The Chief Clerk can direct tenders, and can also accept a bid if all the parties consent.

make up a certificate.

Chief Clerk's General Certificate.

13. The Chief Clerk's certificate states the residue of the fund in the body of the certifi- cate, and does not insert any statement as to

Full particulars as to the residue are given in the body of the Chief Clerk's certificate,

and in the schedule to it.

the residue in the Schedule.

Ntxt-of-Kin.

14. Inquiries are made before the Chief Clerk based on an affidavit and exhibits.

A verified pedigree has to be lodged and filed, when the matter is considered by the Chief Clerk.