590

Deposivions
at private
examuina-
tions.

Disclaimer.

Forms 31
and 32.

Ch. 31. No. 1.) Compantes.

otherwise, it shall be competent for the Court to make such appointment.
The person at whose instance the examination is taken shall nominate
a person for the purpose, and the person so nominated shall be appointed,
unless the Court shall otherwise order. Every person so appointed shall
be paid a sum not exceeding five dollars a day, and a sum not exceeding
sixteen cents per folio of ninety words for any transcript of the evidence
that may be required, and such sums shall be paid by the party at whose
instance the appointment was made, or out of the assets of the company
as may be directed by the Court.

56. (1) The Official Receiver may attend in person, or by any assistant
Official Receiver, or by counsel or by solicitors employed for the purpose,
any examination of a witness under section 204 of the Ordinance, on
whosesoever application the same has been ordered, and may take notes
of the examination for his own use, and put such questions to the persons
examined as the Court may allow.

(2) The notes of the depositions of a person examined under
section 204 of the Ordinance, or under any order of the Court before
the Court (other than the notes of the depositions of a person examined
at a public examination under section 205 of the Ordinance) shall be
forthwith lodged in the office of the Registrar of the Supreme Court but
shall not be filed, or be open to the inspection of any creditor, contributory,
or other person, except the Official Receiver or Liquidator, or any
Provisional Liquidator other than the Official Receiver, while he is acting
as Provisional Liquidator, unless and until the Court shall so direct, and
the Court may from time to time give such general or special directions
as it shall think expedient as to the custody and inspection of such
notes and the furnishing of copies of or extracts therefrom.

Disclaimer.

57. (1) Any application for leave to disclaim any part of the property
of a company pursuant to subsection (1) of section 253 of the Ordinance
shall be by ex parte summons. Such summons shall be supported by an
affidavit showing who are the partics interested and what their interests
are. On the hearing of the summons the Court shall give such directions
as it sees fit and in particular directions as to the notices to be given to
the partics interested or any of them and the Court may adjourn the
application to enable any such party to attend.

(2) Where a liquidator disclaims a leasehold interest he shall
forthwith file the disclaimer in the office of the Registrar of the Supreme
Court. The disclaimer shall contain particulars of the interest disclaimed
and a statement of the persons to whom notice of the disclaimer has been
given. Until the disclaimer is filed by the Liquidator the disclaimer
shall be inoperative. A disclaimer shall be in the form 31 and a notice
of disclaimer in the form 32 in the Appendix with such variations as
circumstances may require.

(3) Where any person claims to be interested in any part of the
property of a company which the liquidator wishes to disclaim he shall
at the request of the Liquidator furnish a statement of the interest so
claimed by him.