(a) Marshal’s Account of
Sale. When any money
shall come to the hands of the marshal under or by virtue of any order or
process of the court, he shall forthwith present to the clerk a bill of his
charges showing the time he received the money. After the filing of the bill of
charges and upon the taxation thereof he shall forthwith pay to the clerk the
amount of said money less his charges as taxed. An account of all property sold
under the order or judgment of this Court shall be returned by the marshal and
filed in the clerk’s office, with the execution or other process under which the
sale was made.
(b) Conditions of Sale. When a vessel is sold under an order
or judgment of this Court pursuant to Supplemental
Rules E(9)(b) or E(9)(c), the marshal shall make his account of the property
sold as provided in section (a) and shall prepare a certificate of sale showing
the name and address of the highest bidder. Such sale shall be subject to approval
and confirmation by the court or rejection by the court, upon motion and
showing of good cause therefor, which motion may be made by the plaintiff, or
by any party of record, or by the highest bidder. It shall be the
responsibility of the plaintiff, or such other party of record who desires that
the sale be approved and confirmed, to prepare and present to the court from
the pleadings in the case, or from other sources, a description of the vessel
for purpose of identification as an aid to the United States Coast Guard
properly to record and index the vessel on its records, or to enable the vessel
to be registered or numbered under the Illinois Boat Registration and Safety Act or such other
state or federal statute as may be applicable. The description may include the
name of the vessel, its official number, if any, its state identification
number, if any, its dimensions, the name of the former owner, the ownership
interest to be transferred, and the name and address of the purchaser who shall
have been the successful bidder at the sale.
(c) Marshal’s Bill of
Sale. If and when the
court approves and confirms the sale, the order approving and confirming such
sale shall direct the marshal to issue a marshal’s bill of sale containing
appropriate identification and description of the vessel so that the same may
be recorded pursuant to any applicable regulations of the United States Coast
Guard or other government agency.