APRIL 14.] THE NEW ZEALAND GAZETTE. 1199

85. A member of a committee of management may be removed by the Court by an order made
    ex parte or otherwise as the Court thinks fit:-
    (a.) If he holds any office or place of profit under the body corporate which, in the opinion
    of the Court, is not consistent with his duty as a member of the committee; or
    (b.) If he is lunatic or of unsound mind, or is imprisoned; or
    (c.) If he becomes bankrupt or insolvent; or
    (d.) If he does any act which, in the opinion of the Court, renders him unfit to hold office
    as a member of the committee of management; or
    (e.) If he fails without leave of the committee to attend four consecutive meetings of the
    committee; or
    (f.) If, by resolution of the incorporated owners, it is decided that such member should
    be removed; or
    (g.) For any other reason which the Court thinks sufficient.

Winding-up of a Body Corporate.

86. An application for an order winding up the body corporate shall be in the Form No. 43.
87. Any such application may be made by the body corporate, or by two or more members
    thereof, or by a creditor thereof, or by a Registrar of the Court, or by the Native Minister.
88. The Court may in its discretion appoint or remove a liquidator, and, where necessary,
    may appoint the Registrar or any other person to act as liquidator, at such remuneration out of
    the assets of the body corporate as the Court thinks fit. The liquidator shall, subject to the direc-
    tions of the Court, have all the powers and authorities possessed by an official liquidator under
    the Companies Act, 1908.
89. On the appointment of a liquidator the Court shall, by the same or another order, remove
    from office all the members of the committee of management.
90. The order winding up a body corporate may be in the Form No. 44, and notice thereof
    shall be gazetted.
91. A vesting order under section 324 of the Act may be in the Form No. 45.
92. The order of the Court dissolving a body corporate shall be in the Form No. 46, and
    notice thereof shall be gazetted.
93. All orders made by the Court pursuant to an order for the winding-up of a body corpo-
    rate and in the course of that winding-up may be made ex parte or otherwise as the Court thinks
    fit.

Procedure at Hearing.

94. If more than one Judge is present at a sitting of the Court the senior Judge shall preside.
    It shall be the duty of the Judge, or of one of the Judges if more than one is present, to record
    the proceedings of the Court and the evidence in a minute-book to be provided for the purpose,
    which book shall be a record of the Court, and shall be retained in the custody of the Registrar.
95. The Court may, in its discretion, deal with the subject-matter of any application wholly
    or in part or parts, and make separate orders in respect of such part or parts, or dismiss any
    application, or grant leave to extend, or amend, or withdraw any application wholly or in part,
    upon such terms as the Court thinks fit.
96. The Court may, as it thinks fit, arrange the order in which the parties shall be heard.
97. A minute signed by the presiding Judge shall be placed on every plan or other paper pro-
    duced in evidence, specifying the proceedings in which, and the person by whom, the same was
    produced, and the date of production.
98. The Court may dismiss any application on the ground of non-appearance of the appli-
    cant, or for want of proper prosecution; and upon such dismissal being recorded in the minute-
    book the application shall be discharged from further consideration of the Court, and shall be
    noted accordingly in the records of the Court. Such dismissal shall be without prejudice to the
    right of the applicant to make another application in respect of the same matter.
99. The Court may arrange the order of its business, and determine the procedure in matters
    not specially provided for in these Rules, as it thinks fit.

Witnesses.

100. A summons to witnesses shall be in the Form No. 47, and may be addressed to any
     number of persons not exceeding three.
101. Service of a summons shall be personal, but a Judge may direct that service in any par-
     ticular case may be made in such other manner as will, in his opinion, be sufficient to bring the
     summons to the knowledge of the witness whose attendance is required.
102. Personal service may be effected by leaving with the witness a copy of the summons,
     sealed with the seal of the Court; but it shall not be necessary to show the original summons.
103. If proof of service is required, the person effecting service of a summons shall forward
     the original summons to the Judge who signed the same, with a statement of the manner and of
     the time and place of service indorsed thereon, and signed by that person, with the addition of
     his place of residence.
104. The expenses of witnesses summoned to attend may be allowed according to the scale in
     the Second Schedule.
105. A warrant of commitment under section 21 of the Act shall be in Form No. 48.
106. A summons to a witness to show cause under section 21 of the Act shall be in the Form
     No. 49, and shall be served personally, or in such manner as a Judge may direct.
107. An order imposing a penalty on a witness may be in the Form No. 50 or No. 51.