Circuit Court Rules

ORDER 45

ADMINISTRATORS PENDENTE LITE AND RECEIVERS

1. When in the course of any proceeding it appears at any time to the Judge expedient that an administrator pendente lite or a receiver should be appointed, such appointment may be made whether or not the same be asked for as part of the relief in the civil bill or other originating document.

2. Where an order is made directing an administrator pendente lite or a receiver to be appointed, the person to be appointed, unless otherwise ordered, shall give security to be approved by the Judge for the faithful discharge of his duties, and duly account for what he shall receive as such administrator or receiver, and pay the same as the Judge shall direct. The person so to be appointed shall, unless otherwise ordered, be allowed a proper remuneration or allowance.

3. When an administrator pendente lite or a receiver is appointed with a direction that he shall pass accounts, the County Registrar, under the direction of the court, shall fix the day or times at which he shall lodge and vouch such accounts, and also the days upon which or the times at which he shall pay the balances appearing due upon the accounts so lodged, or such part thereof as shall be certified as proper to be paid by him, and with respect to any such administrator or receiver as shall neglect to lodge, or pass his accounts, or pay the balance thereof, at the time fixed for this purpose, the Judge may from time to time disallow the salary or allowance claimed by such administrator or receiver; and may charge him with interest at such a rate as may from time to time be determined upon the balance so neglected to be paid by him during the time the same shall appear to have remained in the hands of any such administrator or receiver.

4. Such administrators’ and receivers’ accounts shall be written bookwise on paper of A4 size, and the items of every account shall be numbered consecutively, and the accounts shall be verified by affidavit and be therein referred to as exhibits.

5. Such administrator or receiver shall be at liberty, without any express direction, to pay all ordinary outgoings, but all other payments shall be made only under the direction of the court.

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