special order of the Court--than one month after posting the notice of attachment, for the sale of the property by auction (Rule 76). Advertisement of sale.-The Sheriff shall cause the sale to be advertised at least twice in the Gazette and in one or more local newspapers, which advertisement shall contain a description of the situation, extent and other particulars of the property, the time and place for holding the sale, and the material conditions thereof (Rule 76). Sale in presence of Sheriff or Magistrate. The sale of all immovable property by process of the Court shall in the District of Pretoria be held in the presence of the Sheriff, and, when the Sheriff deems it necessary to have the property put up by auction in another district, in the presence of the Magistrate of such district (Rule 77). Sale without reserve unless protest is filed.—The sale is execution of immovable property shall be without reserve unless (a) Holders of mortgages on the property before or at the meeting mentioned in Rule 706, protest in writing against the sale; (b) Any other interested party obtains an order from the Court or Judge in chambers, directing a sale subject to a reserve, the amount of which to be fixed by the Sheriff (Rule 78a). Such interested party shall, before or at the meeting mentioned in Rule 70b, give the Sheriff notice in writing of his intention to apply to the Court or a Judge in Chambers for an order directing a sale subject to a reserve (Rule 786). Manner of sale. The sale shall be by public auction and the property knocked down to the highest bidder (Rule 78c). If no sale Sheriff reports to Court.-If the sale is not effected because the highest bid does not reach the reserve price the Sheriff shall demand a written declaration from the holders of mortgages on the property containing a statement of the price at which they agree that the property shall be sold, and shall send in his report, accompanied by the declaration of the mortgage holders to the Court or a Judge in Chambers shewing what he has done, and await further instructions from the Court (Rule 78c). Sale to be confirmed by the Court.-Immediately after the sale has been held the Sheriff shall report it to the Court for confirmation annexing the conditions of sale to his report. No transfer shall be granted to the seller until the sale has first been confirmed (Rule 79). Plan of distribution shall lie for inspection.-Immediately after the sale the Sheriff shall ascertain the several claims on the purchase price and state the same, in the order of their preference, in a plan of distribution and account, which plan shall lie at his office for not less than 14 days after notice in the Gazette, for the inspection of the parties interested so as to enable them to object to the same, unless they shall signify their agreement thereto in writing to the Sheriff (Rule 80.) Objections to plan of distribution. Any party objecting to the plan of distribution shall notify the same to the Sheriff in writing and at the same time give notice to all the other interested parties of his intention to appeal to the Court or Judge in chambers against the said plan (Rule 81). Confirmation of plan of distribution. If no notice of appeal has been made against the plan of distribution within 14 days after notice the same shall, on the report of the Sheriff, be confirmed by the Court or the Judge in chambers (Rule 82). Proceeds to be deposited in a Bank. All moneys or securities received by the Sheriff as and for the proceeds of a sale of any kind shall be immediately lodged by him in such bank as shall be from time to time prescribed for the deposit of public moneys until they are required for distribution (Rule 83). The distribution. After the plan of distribution has been confirmed, the Sheriff shall proceed forthwith to distribute the purchase price and shall pay over the surplus, if any, to the debtor. The Sheriff shall take proper receipts for all moneys so paid by him (Rule 84). Costs of sale.--The expenses of conducting any sale held by the Sheriff shall, in the first instance, be borne by the party requiring the same, and shall be reimbursed to him out of the first proceeds of the said sale. (Rule 85). Payment of Government taxes. After any sale in execution of immovable property the Sheriff shall pay out of the proceeds thereof such Government taxes and rates as shall be due and claimable in respect of such property in their legal order of preference. (Rule 85a). Statement of receipts and payments.-The Sheriff shall on the first day of each term exhibit to the Court a statement of all his receipts and payments by virtue of his office, distinguishing his receipts and payments under different appropriate heads, and specifying what sums remain in his hand, on what account and for whom the same were received, and the Registrar of the Court shall indorse a certificate of such exibition. The said statement shall be filed in the Office of the Registrar and remain there for six weeks during which period it shall be permitted to any suitor or to an attorney of the Court at all reasonable time to inspect the same and to take extracts therefrom without fee (Rule 85a). Insolvency. Any person desirous of voluntarily surrendering his estate as insolvent for the benefit of his creditors may apply by written petition to that effect to the Court, and shall cause due notice of his intention to be published not less than three times in the Government Gazette and in a local newspaper -if there is one at least 21 days before the hearing of the application, mentioning the date upon which and the place where the application will be filed (Law 13 of 1895, secs. 1 and 3). Effect of notice to stay execution.-From and after the publication of such notice of intention to surrender it shall not be lawful to sell any property of such estate attached under any writ of execution or other process in the nature of an attachment except by order of the Court. The proceeds of any property already sold under legal process shall remain in the hands or the Sheriff or other officer of the law charged with the execution of such legal process and shall not be paid out by him unless by order of the Court (Law 13 of 1895 sec. 4). Order of sequestration to be lodged with Sheriff or his DeputyThe party obtaining an order for sequestration, whether such order be granted in respect to his own estate, or the estate of his debtor, shall immediately lodge the same with the Sheriff at his Office in Pretoria, or with the Deputy-Sheriff of the district in which such order has been granted. (Law 13 of 1895, sec. 21). Deputy Sheriff to register order and deliver to Sheriff.—The Deputy-Sheriff shall register the said order and note thereon the day and hour of its production, and shall immediately transmit the same to the Sheriff at his Office in Pretoria. The Sheriff shall register every such order lodged with or received by him from the Deputy-Sheriff and note thereon the day and hour in which it was lodged or received, and shall immediately deliver the same to the Master of the Supreme Court who shall cause such order to be published in the Government Gazette. (Law 13 of 1895, sec. 22). On sequestration Master to cause attachment to be made.-The Master of the Supreme Court shall, by the Sheriff or his deputy, or by any messenger of the Court thereafter to be appointed, enter and lay an attachment upon every estate placed under sequestration, and make an inventory thereof. It shall be lawful for the creditor, upon whose petition an order of sequestration has been obtained, or any person authorised by him, to be present at the framing of the inventory. When the estate has been sequestrated upon the voluntary surrender of any insolvent, it shall be lawful for any of the creditors, to be present with the messenger while framing the inventory. (Law 13 of 1895, sec. 24). Duty of Officer making attachment.—It shall be lawful for the Officer charged as above with the attachment of any property, to secure any movable article belonging to the estate by sealing up any chamber, closet, or repository, provided he cause no unnecessary hindrance or inconvenience to any party by so doing, or to appoint some person in custody thereof. When such person, however, leaves such goods in the possession of the person possessing them at the moment of attachment, he shall leave with the latter person a copy of the inventory together with a notice that the property therein specified has been attached by him by virtue of an order for sequestration. This notice shall also contain a statement of the penalty provided under section 150. The said officer shall forthwith report his execution of the attachment to the Master. (Law 13 of 1895, sec. 25). Order of Sequestration stays execution.-The execution of all judgments against the insolvent or his estate shall be suspended from and after the time of the granting of any order of sequestration, duly lodged at the office of the Sheriff or any of his deputies, and for as long as a sequestration shall continue. any insolvent shall be imprisoned by reason of any order of civil imprisonment he shall upon petition to the Supreme Court, be discharged from such imprisonment, unless the Court decides otherwise. Any property belonging to an insolvent under attachment in the execution of any judgment as above, or the process thereof, shall be returned to the sequestrated estate. (Law 13 of 1895, scc. 29). Penalty for removing &c. property attached under sequestratration. Any person who shall alienate, remove, conceal, embezzle, or receive any property belonging to an insolvent estate which has been attached by virtue of any order for the sequestration thereof, knowing the same to have been so attached and with intent to defeat the said attachment, shall be punished by imprisonment, with or without hard labour, for a period not exceeding seven years. (Law 13 of 1895, sec. 150). Sheriffs and deputies to perform duties assigned by Master.The Sheriff and his Deputies, as also the messengers of the Magistrate's Court, being thereunto required by the Master of the Supreme Court, shall perform all such duties as may be required of them within their respective districts under the provisions of the Insolvency Law. And they shall receive such remuneration for their services out of the assets of the insolvent estate as shall be fixed by the Supreme Court. (Law 13 of 1895, sec. 178). Sheriff does not require auctioneer's licence.-The Sheriff of the Transvaal shall not be bound to take out auctioneer's licences for himself or for persons authorised by him to hold auction, sales in the exercise of their official duties, but shall account for the ordinary percentage as provided in this Law. (Law No. 1 of 1885, sec. 4). Auction dues.—A tax of 24 per cent shall be levied upon the purchase price of all movable property sold by auction, and a tax of 1 per cent on the purchase price of all immovable property sold by auction without this Colony, and these taxes shall be accounted for by the auctioneer to the Government. Provided always that the charges levied, imposed and recovered on the purchase price of any property, movable or immovable, sold by public auction in the estate of any deceased person shall not exceed a tax of 1 per cent of any such purchase price. (Law No. 1 of 1885, sec. 8). Salaries and fees.—The Sheriff receives a salary and no fees; the Deputy Sheriffs receive no salary but are paid in fees for all services rendered. DEPUTY SHERIFF'S FEES. (Specified in sec. 10 of Law 12 of 1899, and sec. 18 Sheriff's Proc. 1902.) Services of summons, notices, orders and other documents £0 2 6 Registering a document Return of any document Horse hire per hour's distance going returning.. Whenever more services than one have to be done on the same journey, the distance from the town to the place of service can be only once brought into account, and the distances to the other places of service must be calculated, each one from the last proceeding place of service and back to the town in the same way. Postage in Criminal matters free. Postage in Civil matters as per postal tariff. Making of Inventory, not exceeding a foolscap folio of 30 For each following foolscap folio If monies are taken in execution half per cent shall by charg Keeping possession of goods which necessitate continuous care, per diem... Keeping possession of other goods... Whenever anyone has to be sent beyond the limits of the town to take or keep charge of goods, per diem 0 1 0 0 1 0 046 046 026 026 076 030 015 O L |