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Federal Courts Rules (SOR/98-106)

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Regulations are current to 2024-10-14 and last amended on 2022-01-13. Previous Versions

FORM 490Rule 490Commission of Appraisal or Sale

(General Heading — Use Form 477)

(Court seal)

Commission of Appraisal

(or SALE, or APPRAISAL AND SALE, as the case may be)

TO the Sheriff of the (County, Regional Municipality, etc. of (name), or as the case may be):

WHEREAS this Court has ordered that the ship (name), (or her cargo or as the case may be) be appraised (and/or sold),

(where appraisal only:)

YOU ARE DIRECTED

  • (a) to make a written inventory of the (ship or cargo, etc., as the case may be) and to choose one or more qualified persons and to swear that person or persons to appraise the (ship or cargo, etc., as the case may be) according to its true value; and

  • (b) upon a certificate of that value having been reduced into writing, and signed by you and by the appraiser(s), to file the certificate in the Registry of this Court together with this commission.

(where sale only:)

YOU ARE DIRECTED to cause the ship (name), (or her cargo or as the case may be) to be sold at public auction for the highest price that can be obtained for it.

(where appraisal and sale:)

YOU ARE DIRECTED

  • (a) to make a written inventory of the (ship or cargo, etc., as the case may be) and to choose one or more qualified persons and to swear that person or persons to appraise the said ship (name), (or her cargo or as the case may be) according to the true value thereof; and

  • (b) upon a certificate of such value having been reduced into writing, and signed by yourself and by the appraiser(s), to cause the ship (her cargo or as the case may be) to be sold by (public auction or private sale) for the highest price that can be obtained for it, but no less than the appraised value unless the Court orders otherwise.

YOU ARE FURTHER DIRECTED, as soon as the sale has been completed, to pay the proceeds thereof into Court and to file the certificate of appraisement and an account of the sale signed by you, together with this commission.

(Add any other conditions ordered by the Court.)

(Date)

Issued by: (Designated Officer)

Address of local office: blank line

This commission was issued at the request of, and inquiries may be directed to:

(Name, address, telephone and fax number of solicitor or party)

blank line

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