Nov. 20.] THE NEW ZEALAND GAZETTE. 3659

162. In any case in which pursuant to section 263 (1) of the Act a Sheriff’s costs. Sheriff is required to deliver goods or money to a liquidator such Sheriff Imp. r. 187 shall without delay bring in his bill of costs for taxation and they shall be taxed by the Registrar and unless such bill of costs is brought in for taxation within one month from the date when the Sheriff makes such delivery the liquidator may decline to pay the same.

163. If a liquidator shall in writing require any costs which a Sheriff Taxation of has deducted under section 263 (2) of the Act to be taxed the Sheriff shall Sheriff’s costs after deduction. within seven days from the date of the request bring in such costs for Imp. r. 188 taxation and they shall be taxed by the Registrar and any amount disallowed on such taxation shall forthwith be paid over by the Sheriff to the liquidator.

COSTS AND EXPENSES PAYABLE OUT OF THE ASSETS OF THE COMPANY.

164. (1) Where a liquidator or special manager in a winding-up by the Liquidator’s Court receives remuneration for his services as such, no payment shall be charges. allowed on his accounts in respect of the performance by any other person Imp. r. 191 of the ordinary duties which are required by statute or rules to be performed by himself.

(2) Where a liquidator is a solicitor he may contract that the remuneration for his services as liquidator shall include all professional services.

165. (1) The assets of a company in a winding-up by the Court remaining Costs payable after payment of the fees and expenses properly incurred in preserving, out of the realizing, or getting in the assets, including where the company has previously assets. commenced to be wound up voluntarily such remuneration, costs, and Imp. r. 192 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 following payments, which shall be made in the following order of priority, namely :—

First.—The taxed costs of the petition, including the taxed costs of any person appearing on the petition whose costs are allowed by the Court :

Next.—The remuneration of the special manager (if any) :

Next.—The costs and expenses of any person who makes or concurs in making the company’s statement of affairs :

Next.—The taxed charges of any shorthand-writer appointed to take an examination : Provided that where the shorthand-writer is appointed at the instance of the Official Assignee the cost of the shorthand notes shall be deemed to be an expense incurred by the Official Assignee in getting in and realizing the assets of the company :

Next.—The necessary disbursements of any liquidator appointed in the winding-up by the Court, other than expenses properly incurred in preserving, realizing, or getting in the assets heretofore provided for :

Next.—The costs of any person properly employed by any such liquidator :

Next.—The remuneration of any such liquidator :

Next.—The actual out-of-pocket expenses necessarily incurred by the committee of inspection, subject to the approval of the Audit Office.

(2) No payments in respect of bills or charges of solicitors, managers, Costs. accountants, or other persons, other than payments for costs and expenses incurred and sanctioned under rule 35, and payments of bills which have been taxed and allowed under orders made for the taxation thereof, shall be allowed out of the assets of the company without proof that the same have been considered and allowed by the Registrar ; and the Registrar shall before passing the bills or charges of a solicitor satisfy himself that the appointment of a solicitor to assist the liquidator in the performance of his duties has been duly sanctioned : Provided that the Official Assignee when acting as liquidator may without taxation pay and allow the costs and charges of any person employed by him where such costs and charges are within the scale usually allowed by the Court and do not exceed the sum of £10 : Provided always that the Audit Office may require such costs or charges to be taxed by the Registrar.

(3) Nothing contained in this rule shall apply to or affect costs which, in the course of legal proceedings by or 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 to be paid by the company or the liquidator or the rights of the person to whom such costs are payable.

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