Section 5: Memorandum of seizure

5. Memorandum of seizure The memorandum of seizure (procès-verbal de saisie), in addition to the formalities common to all ushers’ process, shall contain— (a) a description of the title by virtue of which the seizure is effected containing— (i) the date of the title; (ii) where the act is notarial, the name of the notary; (iii) the amount of the debt; and (iv) where the title has been transcribed, a reference to the transcription; (b) a mention of the presence of the usher on the property at the time of effecting the seizure; (c) a description of the property seized by reference to a memorandum of survey and a plan drawn up in accordance with the Cadastral Survey Act and annexed to the memorandum of seizure— (i) in the case of urban property, the district, street, and street number of the property, and where there is no number, at least 2 of the metes and bounds (tenants et aboutissants) of the property; and (ii) in the case of rural property, the district, boundaries and approximate area of the land, a description of the buildings, machinery, and plantations on the land, and the enumeration of the carts and animals seized; (d) the apparent value of the property as assessed by the usher; and S3 – 5 [Issue 10] Sale of Immovable Property Act (e) the constitution of an attorney whose office shall be taken to be the domicile of the execution creditor at which all acts connected with the seizure shall be served. [S. 5 amended by s.22 (6) of Act 22 of 2011 w.e.f. 1 July 2013.]