612

Costs pav-

able out of

the assets,

Ch. 31. No. 1.] Compante,

1609, (1) The assets of a company in a winding up by the Court,
remaining after payment of the fees and expenses ‘properly incurred in
preserving realising or getting in the assets, including where the company
has previously commenced to be wound up voluntarily such remuneration,
costs, and expenses as the Court may allow to a Liquidator appointed in
such voluntary winding up shall, subject to any order of the Court, be
liable to the iollowing | payments, which shall be made in the following
order of priority, namely:

First, Vhe taxed costs of the petition, including the taxed costs
of any person appearing en the petition whose costs are allowed by
the Court,

Ne The “ution of the special manager (if any).

Neat. The costs and expense. of any person who make:
coucurs in making, the company’s statement of affairs.

Neat. The taxed charges of any shorthand writer appointed to
take an examination: Provided that where the shorthand writer 1s
appointed at the instance of the Official Receiver the cost of the
shorthand notes shall be deemed to be an expense incurred by the
Ofheial Receiver in getting in and realising the assets of the company.

Newt. The nece. ary disbursements of any Liquidator appointed
in the winding up by the Court, other than expenses properly incurred
in preserving, realising or getting in the assets heretofore provided for.

Newt. The costs of any person properly employed by any such
Laquidator,

Ne The remuneration of any such Liquidator.

Nev. The actual out-of-pocket expenses nece..arily incurred by
the Committee of Inspection, subject to the approval of the Oficial
Reeviver.

(2) No payments in respect of bills or charges of solicitors, managers,
accountants, auetioneers, brokers, or other persons other than payments
for costs and expenses incurred and sanctioned under rule 4t. and
pavinents of bills which have been taxed and allowed under erders made
for the taxation thereof, shall be allowed out of the assets of the company
without proof that the Jame have been considered and alowed by the
Registrar of the Supreme Court. The said Registrar shall before passing
the bills or charges of a solicitor satisfy himself that the appointment of
w soliciter to assist the Liquidator in the performance of bis duties has
been duly sanctioned. Provided that the Official Receiver when acting
as Liquidater mi WW without taxation pay and allow the costs and charge.
of any person other than a solicitor employ ed by him where such costs
and charge. are within the seale usu: Uly allowed by the Court and do not
*xceed the sum of nine dollars and sixty cents.

(3) Nothing contained in this rule shall apply to or atlect costs
which in the course of legal proceedings by er against a company which
is being wound up by the Court, are ordered by the Court in which such
proceedings are pending or a Judge thereof te be paid by the company
or the Liquidator, or the rights of the person to whom such costs are
payable.