1988 Ed.]
The Rules of the Supreme Court
[CAP. 4
A 489
[Subsidiary]
No. 84
Order appointing receiver by way of equitable execution
Upon hearing
filed the
19........:
(0.51 r.1)
(Heading as in action)
and upon reading the affidavit of
day of
(If security ordered) It is ordered that P.R. of
on first giving security to the satisfaction of the Court, be and is hereby appointed to receive the rents, profits and moneys receivable in respect of the above-named defendant's interest in the following property, namely (describe the property).
(If no security ordered and receiver is not the plaintiff) The plaintiff being answerable for the acts and defaults of the receiver, it is ordered that P.R. of be and is hereby appointed to receive (continue as above) but he shall not receive more than the amount of the judgment debt and allowed costs of obtaining this order without leave of the Court or first giving (at the plaintiff's cost unless otherwise ordered) the usual security to the satisfaction of the Court.
(If no security ordered and receiver is the plaintiff as above omitting “The plaintiff being answerable for the acts and defaults of the receiver" and the words after "the Court").
(In all cases continue as follows:-)
That this appointment shall be without prejudice to the rights of any prior incumbrances upon the said property who may think proper to take possession of or receive the same by virtue of their respective securities or, if any prior incumbrances is in possession, then without prejudice to such possession.
And that the tenants of premises comprised in the said property do attorn and pay their rents in arrear and growing rents to the receiver.
And that the receiver have liberty, if he shall think proper (but not otherwise), out of the rents, profits and moneys to be received by him to keep down the interest upon the prior incumbrances, according to their priorities, and be allowed such payments, if any, in passing his accounts.
And that the receiver shall on the
day of
(3 months after the date of order), and at such further and other times as may be ordered by the Court leave and pass his accounts, and shall on the day of
(4 months after the date of order) and at such further and other times as may be hereafter ordered by the Court pay the balance or balances appearing due on the accounts so left, or such part thereof as shall be certified as proper to be so paid, such sums to be paid in or towards satisfaction of what shall for the time being be due in respect of the judgment signed on the.......
day of......
for the sum of $..... debt and $............ costs, making together the sum of $........
----*
And that the costs of the receiver (including his remuneration), the costs of obtaining his appointment, of completing his security (if any), of passing his accounts, and of obtaining his discharge shall not exceed ten per cent of the amount due under the said judgment or the amount recovered by the receiver, whichever is the less, provided that not less than
be allowed unless otherwise ordered.
Such costs shall be taxed unless assessed by the Court and shall be primarily payable out of the sums received by the receiver, but if there shall be no sums received or the amount shall be insufficient, then upon the certificate of the Court being given stating the amount of the deficiency, such certificate to be given after passing the final account, the amount of the deficiency so certified shall be paid by the defendant to the plaintiff.
It is also ordered that the balance (if any) remaining in the hands of the receiver, after making the several payments aforesaid, shall unless otherwise directed by the Court forthwith be paid by the receiver into Court to the credit of this action, subject to further order.
And that any of the parties be at liberty to apply to the Judge in chambers as there may be occasion.
Dated the
day of
19........