1262
Fixing of times for leaving and passing accounts and paying balances.
O.50, r. 18.
*
Leaving and passing account. O. 50, r. 20.
Proceedings on default made in leaving or passing account, etc. O.50, r. 21.
[cf. No. 47 of 1912.]
Appeal from decisions. Ordinance No. 3 of 1873, No. 3 of 1901. CODE OF CIVIL PROCEDURE.
591.-(1) When a receiver is appointed with a direction that he shall pass accounts, the court shall fix the days upon which he shall (annually or at longer or shorter periods) leave and pass such accounts, and also the days upon which he shall pay the balances appearing due on the accounts so left, or such part thereof as may be certified as proper to be paid by him: Provided that the court may, on good cause shown, enlarge any such period.
(2) If any such receiver neglects to leave and pass his accounts and pay the balances thereof at the times so fixed or enlarged for that purpose as aforesaid, the court may from time to time, when his subsequent accounts are produced to be examined and passed, disallow the salary or allowance therein claimed by such receiver, and may also, if it thinks fit, charge him with interest at the rate for the time being fixed by the court upon the balances so neglected to be paid by him during the time the same may appear to have remained in his hands.
592. (1) Every such receiver shall leave with the Registrar his account, together with an affidavit verifying the same.
(2) An appointment shall thereupon be obtained by the plaintiff or the person having the conduct of the cause or matter for the purpose of passing such account.
593. In case of any such receiver failing to leave such account or affidavit, or to pass such account, or to make any payment or otherwise, the receiver or the parties, or any of them, may be required to attend at chambers to show cause why such account or affidavit has not been left, or such account passed, or such payment made, or any other proper proceeding taken, and thereupon such directions as may be proper may be given at chambers or by adjournment into court, including the discharge of any receiver and the appointment of another and payment of costs.
PART IV.
APPEALS.
CHAPTER XXVIII.
APPEAL TO THE FULL COURT.
594. The right of appeal from decisions of the judges is regulated by section 23 of the Supreme Court Ordinance, 1873.
*The rate of interest fixed is 8% per annum.