Nov. 20.] THE NEW ZEALAND GAZETTE. 3643

42. Upon an order directing a person to attend for public examination being made, the Official Assignee shall, unless the Court shall otherwise direct, without further order take an appointment for the public examination to be held.
    Application for day for holding examination. Imp. r. 61

43. 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 Assignee to the person who is to be examined by sending such notice in a registered letter addressed to his usual or last known address.
    Appointment of time and place for public examination. Imp. r. 62 Form 24

44. (1) The Official Assignee shall give notice of the time and place appointed for holding a public examination to the creditors and contributories by advertisement in such newspapers as the Official Assignee thinks fit, and shall also cause notice of the appointment to be gazetted.
    Notice of public examination to creditors and contributores. Imp. r. 63 Form 88 (3)

(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 Gazette a notice of the time and place fixed for the adjourned examination.

45. 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 Assignee 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.
    Default in attending. Imp. r. 64 Form 25

46. The notes of every public examination shall, after being signed as required by section 215 (6) of the Act, be filed in the registry.
    Notes of examination to be filed. Imp. r. 65 Forms 26 and 27

PROCEEDINGS BY OR AGAINST DIRECTORS, PROMOTERS, AND OFFICERS.

47. (1) An application made to the Court under any of the following provisions of the Act—
    (a) Section 216;
    (b) Subsection (1), (2), or (4) of section 268;
    (c) Section 269;
    (d) Section 302;
    (e) Subsection (2) of section 381,—
    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 Code of Civil Procedure 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. No affidavit or report shall be filed before the return of the summons.
    Application by or against delinquent directors, officers, and promoters. Imp. r. 66

(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 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 Assignee 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 rule has directed that points of claim and defence shall be delivered, then if subsequently to such order and before the summons has been set down for trial or adjourned either party wishes to apply for any further direction as to any interlocutory matter or thing he shall make an appointment through the Registrar 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 in the registry two clear days before the day for which the appointment is made.

48. (1) Where any application under section 216 of the Act is made or heard after a public examination under section 215 of the Act which has been held before a Registrar or a Stipendiary Magistrate then, unless the Court shall otherwise direct, such application shall be heard in the first instance by such Registrar or Stipendiary Magistrate, who shall report thereon to the Court, and may make such recommendations as he thinks fit.
    Applications to restrain fraudulent persons from managing companies. Imp. r. 68

A Judge shall personally hear all other applications under the said section 216 and shall determine all applications under that section, and shall hear and determine all applications which may be made to the Court B