by such Clerk, and to be signed by such party, his solicitor, or agent, setting forth
the conditions on which the money is deposited, and the Clerk shall give to the party
paying a written acknowledgment of such payment; and the Magistrate may, on the
same evidence as would be required to enforce or avoid a security by bond, order
such sum so deposited to be paid out to such party or parties as he shall think fit.

44. Certificate of Judgment.

Whenever the Clerk is required, for any purpose, to give a certificate of any judgment or order recorded in the Civil Record-book of a Magistrate's Court, or of any Court abolished by the Act, such certificate may be in the Form No. 121 in Appendix A hereto, and shall be signed by the said Clerk and sealed with the seal of the Court of which he is Clerk. Whenever the Clerk is required to give a certificate of any order or proceeding recorded in the Minute-book of a Magistrate's Court, a true copy shall be made of the minute of such order or proceeding, and the Clerk shall append a certificate signed by him that it is a true copy, and seal the same with the seal of the Court.

45. Issue of Warrants.

Before the issue of any warrant, the person desiring to have the warrant issued shall lodge with the Clerk of the Court an application in the Form No. 90 in Appendix A hereto, or to the like effect, signed by the plaintiff, his solicitor, or some person duly authorised by him in writing in that behalf. The certificate to be signed by the Clerk under section 117 shall be in the form in the margin of the respective warrants of distress, and such of the Forms Nos. 91, 91M, 93, 94, or 95 shall be used as may be appropriate in each case. A warrant of distress under section 39 of the Act may be in the Form No. 92 in Appendix A hereto. In actions under section 50 of the Act, the warrant of distress shall direct levy de bonis propriis, or de bonis testatoris, or in the alternative, as the Court may order.

46. Bailiff to furnish Statements of Property seized.

The Bailiff shall deliver to the Clerk immediately after seizure thereof a written statement of all cheques, bills of exchange, promissory notes, bonds, or other securities for money which shall have been seized or taken by him on a warrant of distress. He shall also, when returning a warrant after execution, deliver therewith a full statement in writing, signed by himself, of all goods and chattels seized and taken by him under the said warrant, and, if the said goods and chattels have been sold, setting forth opposite each article the price realised at the sale thereof, together with a general balance-sheet in respect to the proceeds of and expenses on such warrant, in the Form No. 122 in Appendix A hereto. When after diligent search the Bailiff is unable to find any goods on which to levy, he shall indorse on the warrant his return of nulla bona in the Form No. 97 in Appendix A hereto, and sign the same.

47. Receipts for Processes and Reports as to Warrants.

The Bailiff shall, upon the receipt of any process, affix his initials and the date in the proper book as evidence of such receipt. The Bailiff shall report to the Clerk weekly in respect of each warrant issued to him, either from his own or foreign Courts. When a return of such warrant has not been made to the Clerk, and in any case in which it shall appear to the Clerk that an unreasonable delay has taken place in the execution of any warrant or in the immediate accounting for any money received thereon, it shall be his duty forthwith to report the circumstance to the Magistrate.

48. Bailiff to employ Auctioneer.

The Bailiff shall employ an auctioneer to sell the goods and chattels seized under a warrant of distress unless he is otherwise directed by the Magistrate. When he acts as auctioneer himself, the commission on the sale shall be paid to the Clerk in stamps, which shall be affixed to the plaint-note.

49. Clerk to examine Bailiff's Statements, &c.

The Clerk shall require the Bailiff to deliver to him the various statements, reports, and balance-sheets as required by these rules, accompanied by vouchers for all disbursements, and shall examine them, and in case of any irregularity shall report the same forthwith to the Magistrate.

50. No Officer of Court to act as Agent for Suitor.

No Clerk, Bailiff, or other officer of the Court shall, on behalf of suitors, receive any money out of Court, or sign any receipt for such moneys, or otherwise act as agent for suitors, except as provided by the Act and rules.