Code of Organization and Civil Procedure (Cap. 12), article 311

311. (1) The report containing the valuation or appraisement shall be filed by the expert within the time allowed in the dec ree of the court according to circumstanc es, and be sworn by him in th e presence of the Registrar. (2) Where a sale by auction of immovable property or of rights annexed to immovable property si tuated in the Island of Gozo or of Comino, is ordered by any of the superior courts, it shall be l awful for such court to order the expert to swear his report at the C ourt of Magistrates (Gozo) in the presence of any of the officers menti oned in article 57(2)( a) to ( c), and to deliver the sa id report, so sworn, to the said officer, to be by him transmitted to the superior cour t which made the aforesaid order. (3) When a sale by auction of immovable property or of rights 100 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE annexed to immovable property situated in the Island of Malta, is ordered by the Court of Magistrates (Gozo), it shall be lawful for such court to order the expert to swear his report in the prese nce of the Registrar and to deliver the said report, so sworn, to the said Registrar, to be by him transmitt ed to the Court of Magistrates (Gozo). Taxation and payment of expert’s fee. (4) The fee payable to the expert shall be taxed by the Registrar, subject to appeal to the court. Such appeal shall be made by application by any interested party within one month from th e service of the taxed fee. Such fee shall always be paid by the creditor, saving his right against the debtor for the reimbursement of such fee together with the other expenses of the sale: Provided that when an appeal i s lodged, the creditor shall deposit the fee taxed by the Regi strar and the proceedings for sale shall be further p roceeded with and bro ught to a conclusion. Sub-title III OF THE WARRANT OF SEIZURE OF A COMMERCIAL GOING CONCERN Sale by auction of movable or immovable property and going concerns. Amended by: IX.1886.69; XXIV .1995.150. Revoked by: XIV .2006.16. Added by: XIV .2006.17. Re-numbered by: VII.2007.30.