Evening star., 1938-08-18
Procedure
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to such sale in at least one newspaper
printed, regularly issued, and having
general distribution in the District
of Columbia, or elsewhere, as the court
may direct.
(b) Said notices shall include
description of the property substan-
TALLY as set forth in the order of sale,
and shall give the time, place, man.
ner and terms of sale, which terms
shall be as follows: one-third of the
purchase money to be paid in cash
and the balance in two equal INSTALL
ments, payable in one and two years
from the date of settlement of sale,
and to be represented by the promis-
sorry notes of the purchaser bearing
interest of the rate of 6 per centum
per annum,. payable semi-annually,
and secured by deed of trust on the
property sold, or all cash, at the option
OF the purchaser: Provided, how
ever, the court in its discretion, may
iih ooilSi lSA bio anu vi Sdlt,
in which event, said notices shall be
in accordance Herewith. The sale
shall take place at the courthouse of
the District Court or on the premises,
as the court in its order may direct.
(c) Promptly after any such sale,
said officer shall return to the court
Cd a full and particular account of
the same, and ca an annexed affidavit
Of the truth thereof, of the fairness of
the sale, and Of his compliance with
the provisions of this rule. On the
ratification of the sale, the officer, by
good and sufficient iced or other ap-
propr1ate instrumen, shall convey or
transfer to the purchaser or purchas-
ers of said property, the interest or
dered sold free, clear, and discharged
of all claim of the parties to the
action, and Of any person or persons
claiming by. from, or under them, or
any of them.
I'D The said officer shall dispose of
the proceeds of sale under the direc-
tion OF the ce.rt. and shall file in the
action proper receipts for such dis
tribution. If. for any reason, he is
unable to make distribution, he shall
bring into court the money arising
on such sale or sales and the notes, if
any. which may be taken for the de-
ferred payments, to be disposed of
under the direction Of the court, after
deducting therefrom all costs of the
action and such commissions to him.
self as the court may allow No order
relieving such officer or the surety on
his undertaking from liability shall
be made unless and until the said
money and notes, If any, shall have
been distributed as aforesaid or de-
posted in the registry of the court,
and any such order made before such
distribution or depositing in the reg
istry OF the court, shall be void. Said
officer Is authorized to pay all taxes
| and assessments against said property
to the date of settlement Of the sale
and shall be allowed credit therefor
in his account
(e) ORDER OF SALE, FORM OF.
The form of the order shall not
contain any directions to the officer
directed to make the sale as to the
manner of proceeding, approval and
filing OF undertaking, publication.
payment OF purchase money, account
ing to the court, questions of said
ohcers commissions, conveyance to
the purchaser, return of the purchase
money into court, and authority to
pay taxes on the property, other than
by reference to this rule. unless the
ordinary terms provided by this rule
nave been modified, and the clerk
snail provide and keep in his office
Tor distribution among ATTORNEYS. a
olank form OF order under this rule,
as set forth in the Appendix. or in
equivalent form.
90 ADVERTISEMENT. c O NJ
TENTS OF.-Any officer authorized
or directed by the court to advertise
property for sale shall append to
the advertisement his name and a
reference to his place of business or
residence, and he may add to such
advertisement the name and CALL
ing OF the person employed to cry the
sale, but shall not otherwise en-
large the cost Of such advertisement.
(g) PRESENT AT SALE.-At
every such sale the officer or one
of them, if there be more than one
making the sale, shall be present, and
shall in person receive the deposit
required in such case: and he shall
in no case entrust the payment of
the advertising and other expenses
to the person employed to cry the
sale.
(h) RATIFTCATION.-Upon the
| filing Of a report of sale, the court
in its discretion, with or without
cause shown, may Immediately rati-
fy such sale, or may pass an order
nisi on such sale for such time and
requiring publication thereof or with
out publication, as the court in such
order may determine.
ID AUCTIONEER.- compen-
sation of the person employed to
cry any sale hereunder shall be one
per cent on the amount bid up to
$4,000, and one-fourth of one per
cent on amounts bid over $4,000;
provided, that such compensation
shall not be less in any case than
$25; and. provided, further, that in
the event that the property is with
drawn from sale before the hour
fixed therefor. or is offered and with
drawn by the officer directing the
sale, such compensation shall be $40.
2. MANNER OF PROCEEDING IN
PRIVATE SALES:
(a) After hearing Of which not
ice to all interested parties shall be
given by publication or otherwise as
the court may direct, the court may
order the sale of such real estate
or interest dn land or any part
thereof at private sale for cash, or
other consideration and upon such
terms and conditions as the court
directing the sale may approve, If
it finds the best interests of the es-
tates will be conserved thereby;
provided, that before confirmation
| of anv private sale the c0lirt shall