1964_SUPREME_COURT_SUITORS__FUNDS_RULES — Page 5

1979 Ed.]

Supreme Court Suitors' Funds Rules

[CAP. 4

B5

[Subsidiary]

(b) if the amount exceeds $250, by cheque; or (c) in respect of any amount, by payments made by the transfer

of funds from the bank account of the court,

and any cheque or instructions to the bank for a transfer of funds shall be signed by the Registrar and Accountant or such other officer or-officers as may from time to time be authorized in writing by the Registrar.

(2) Payment out shall be made at the Supreme Court on week- days, except Saturdays and general holidays, between the hours of 10.00 a.m. and 1.00 p.m., and between the hours of 2.00 p.m. and 4.00 p.m.

9. When an order directs any sums to be ascertained by the certificate of the Registrar and to be afterwards paid in accordance therewith, such certificate shall be as nearly as may be in Form 4 in the Schedule and the Registrar shall on the request of the persons entitled to payment pay such sum in accordance with rule 8.

2 persons

IN 345/80

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Ascertainment of sums by certificate of Registrar. Schedule, Form 4.

10. When an order directs payment out of a fund in court of Payment of any costs directed to be taxed, the Registrar shall-

(a) state in his certificate the name and address of the person to whom such costs are payable, which certificate shall be as nearly as may be in Form 5 in the Schedule; and (b) on the request of the persons entitled to payment, pay such

sum in accordance with rule 8.

11. (1) When funds in court are by an order directed to be paid, transferred or delivered to any person named or described in an order or in a certificate of the Registrar (except to a person therein expressed to be entitled to such funds as trustee, executor or admin- istrator, or otherwise than in his own right or for his own use), such funds or any portion thereof for the time being remaining un- paid or untransferred or undelivered may, unless the order otherwise directs, on proof of the death of such person whether on or after the date of such order or in the case of payment directed to be made to a creditor as such before the date of such order, be paid or transferred or delivered to the legal personal representatives of such deceased person or to the survivors of them.

(2) If no administration has been taken out to such deceased person who has died intestate and whose assets do not exceed the value of $5,000 including the amount of the funds directed to be so paid, transferred or delivered to him, such funds may be paid, transferred or delivered to the person who being widow, child, father, mother, brother or sister of the deceased would be entitled to take out administration to his estate upon a declaration by such person in Form 6 in the Schedule.

(3) When funds in court are by an order directed to be paid, transferred or delivered to any persons as legal personal repre- sentatives, such funds or any portion thereof for the time being

costs.

Schedule, Form 5.

Payment out, transfer, etc. of fund to personal representative of person entitled to payment.

Schedule, Form 6.

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