5388

Appoint-
ment of time
and place
for public
examination.
Form 25.

Notic>
public
examination
to creditors
and contri-
butories.

Form 95 (3).

Default in
attending.

Form 26,

Warrant of
arrest.

Notes of
examination
to be filed.

Forms 27
and 28.

Application
by or against
delinquent
directors,
officers and
promoters.

Ch. 31. No. 1.] Companies.

 

49. A day and place shall be appointed for holding the public
examination, and notice of the day and place so appointed shall be given
by the Official Receiver to the person who is to be examined by sending
such notice in a registered letter addressed to his usual or last known
address.

50. (1) The Official Receiver shall give notice of the time and place
appointed for holding a public examination to the creditors and
contributories by advertisement in such local daily newspaper as he
thinks fit, and shall also forward notice of the appointment to the Roval
Gazette to be inserted therein.

(2) Where an adjournment of the public examination has been
directed, notice of the adjournment shall not, unless otherwise directed
by the Court, be advertised in any newspaper, but it shall be sufficient to
publish in the Royal Gazette a notice of the time and place fixed for the
adjourned examination.

51. (1) If any person who has been directed by the Court to attend for
public examination fails to attend at the time and place appointed
for holding or proceeding with the same, and no good cause is shown by
him for such failure, or if before the day appointed for the examination
the Official Receiver satisfies the Court that such person has absconded,
or that there is reason for believing that he is about to abscond with
the view of avoiding examination, it shall be lawful for the Court, upon
it being proved to the satisfaction of the Court that notice of the order
and of the time and place appointed for attendance at the public
examination was duly served, without any further notice, to issue a
warrant for the arrest of the person required to attend, or to make such
other order as the Court shall think just.

(2) A warrant of arrest issued by the Court under this rule shall be
issucd in the office of the Registrar of the Supreme Court pursuant to an
order of the Court directing such issue.

52. The notes of every public examination shall, after being signed as
required by subsection (7) of section 205 of the Ordinance, be filed with
the Registrar of the Supreme Court.

Proceedings by or against directors, promoters, and officers.
53. (1) An application made to the Court under any of the following
provisions of the Ordinance:
(a) section 261,
() subsection (1), (2) or (4) of section 260,
(c) section 206,
(d) subsection (2) of section 319,

shall be made by a summons returnable in the first instance in Chambers.
The summons shall state the nature of the declaration or order for which
application is made, and the grounds of the application, and, unless
otherwise ordered, shall be served in the manner in which an originating
summons is required by the rules of the Supreme Court to be served, on
every person against whom an order is sought, not less than eight days
before the day named in the summons for hearing the application.