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10
The Gazette of the Incorporated Law Society of Ireland.
[MAY, 1913
MASTER OF THE ROLLS' COURT.
MR. JUSTICE BARTON'S 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
make up a certificate.
a certificate accordingly.
The Chief Clerk can direct tenders, and can
also accept a bid if all the parties consent.
Chief Clerk's General Certificate.
13. The Chief Clerk's certificate states the
Full particulars as to the residue are given
residue of the fund in the body of the certifi-
in the body of the Chief Clerk's certificate,
cate, and does not insert any statement as to
and in the schedule to it.
the residue in the Schedule.
Ntxt-of-Kin.
14. Inquiries are made before the Chief
A verified pedigree has to be lodged and
Clerk based on an affidavit and exhibits.
filed, when the matter is considered by the
Chief Clerk.