Cap. 12 Art. 311Valuation or appraisement to be sworn by expert.

(1) The report containing the valuation or appraisement shall be filed by the expert within the time allowed in the decree of the court according to circumstances, and be sworn by him in the presence of the Registrar.

(2) Where a sale by auction of immovable property or of rights annexed to immovable property situated in the Island of Gozo or of

Comino, is ordered by any of the superior courts, it shall be lawful for such court to order the expert to swear his report at the Court of

Magistrates (Gozo) in the presence of any of the officers mentioned in article 57(2)(a) to (c), and to deliver the said report, so sworn, to the said officer, to be by him transmitted to the superior court which made the aforesaid order.

(3) When a sale by auction of immovable property or of rights 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 presence of the Registrar and to deliver the said report, so sworn, to the said Registrar, to be by him transmitted to the Court of Magistrates (Gozo).

(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 the 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 is lodged, the creditor shall deposit the fee taxed by the Registrar and the proceedings for sale shall be further proceeded with and brought to a conclusion.