Companies. [Ch. 31. No. t.

 

 

Where any such application is made by summons no affidavit or report
shall be filed before the return of the summons.

(2) On the return of the summons the Court may give such
directions as it shall think fit as to whether points of claim and defence
are to be delivered as to the taking of evidence wholly or in part by
affidavit or orally, and the cross examination either before the Judge on
the hearing in Court or in Chambers of any deponents to affidavits in
support of or in opposition to, the application and as to any report it
may require the Official Receiver or Liquidator to make and generally as
to the procedure on the summons and for the hearing thereof.

(3) Where any such order as is mentioned in paragraph (2) of this
tule has directed that points of claim and defence shall be delivered then
if subsequently to such order and before the summons has been sect down
for trial or adjourned to the Judge cither party wishes to apply for any
further direction as to any interlocutory matter or thing he shall restore
the summons to the list and shall give two clear days’ notice in writing
to the other party stating the grounds of the application. A copy of
such notice shall be filed with the Registrar of the Supreme Court two
clear days before the day for which the summons is restored.

54. Where in the course of the proceedings in a winding up by the
Court an order has been made for the public examination of persons
named in the order pursuant to section 205 of the Ordinance, then in
any proceedings subsequently instituted under any of the provisions
of the Ordinance mentioned in paragraph (1) of rule 53, the verified
notes of the examination of each person who was cxamined under the
order shall, subject as hereinafter mentioned, and to any order or
directions of the Court as to the manner and extent in and to which
the notes shall be used, and subject to all just exceptions to the
admissibility in evidence against any particular person or persons of
any of the statements contained in the notes of the examinations, be
admissible in evidence against any of the persons against whom the
application is made, who, under section 205 of the Ordinance, and the
order for the public examination, was or had the opportunity of being
present at and taking part in the examination: Provided that before any
such notes of a public examination shall be used on any such application,
the person intending to use the same shall, not less than fifteen days
before the day appointed for hearing the application, give notice of such
intention to each person against whom it is intended to use such notes,
or any of them, specifying the notes or parts of the notes which it is
intended to read against him, and furnish him with copies of such notes,
or parts of notes (except notes of the person’s own depositions), and
provided also that every person against whom the application is made
shall be at liberty to cross-examine or re-examine (as the case may be)
any person the notes of whose examination are read, in all respects as if
such person had made an affidavit on the application.

Witnesses and depositions.

589

Use of
depositions
taken at
public ex-
aminations.

55. If the Court shall in any case, and at any stage of the proceedings, Shorthand
be of opinion that it would be desirable that a person should be appointed notes.
to take down the evidence of any person examined in’ shorthand or Forms 29

and 30.