3662

THE NEW ZEALAND GAZETTE.

[No. 84

Filing
memorandum
of Gazette
notices.
Imp. r. 216
Form 89

178. (1) Whenever the Gazette contains any advertisement relating to
     any winding-up proceedings the Official Assignee or liquidator, as the case
     may be, shall file with the proceedings a memorandum referring to and
     giving the date of the advertisement.
     (2) In the case of an advertisement in a local newspaper, the Official
     Assignee or liquidator, as the case may be, shall keep a copy of the newspaper,
     and a memorandum referring to and giving the date of the advertisement
     shall be placed on the file.
     (3) For this purpose one copy of each local newspaper in which any
     advertisement relating to any winding-up proceeding in the Court is in-
     serted shall be left with the Official Assignee or liquidator, as the case
     may be, by the person who inserts the advertisement.
     (4) A memorandum under this rule shall be prima facie evidence that
     the advertisement to which it refers was duly inserted in the issue of the
     Gazette or newspaper mentioned in it.

ARRESTS AND COMMITMENTS.

To whom
warrants
may be
addressed.
Imp. r. 217

179. A warrant of arrest or any other warrant issued under the pro-
     visions of the Act and rules may be addressed to such officer of the Court
     or other person as the Court may in each case direct.

Prison to which
person arrested
on warrant is
to be taken.
Imp. r. 218

180. Where the Court issues a warrant for the arrest of a person under
     any of the provisions of the Act or rules, the prison (to be named in the
     warrant of arrest) to which the person shall be committed shall, unless the
     Court shall otherwise order, be the prison used by the Court in cases of
     orders of commitment made in the exercise by the Court of its ordinary
     jurisdiction.

Prison to which
a person
arrested is to be
conveyed, and
production and
custody of
persons
arrested.
Imp. r. 220

181. (1) Where a person is arrested under a warrant of commitment
     issued under any of the provisions of the Act and rules, other than sections
     214 and 217 of the Act, and rule 45 of the rules, he shall be forthwith
     conveyed in custody of the officer apprehending him to the prison men-
     tioned in the warrant of commitment, and kept therein for the time
     mentioned in the warrant of commitment, unless sooner discharged by the
     order of the Court which originally issued the warrant of commitment,
     or otherwise by law.
     (2) Where a person is arrested under a warrant issued under section
     214 or section 217 of the Act, or under rule 45 of the rules, he shall be forth-
     with conveyed in custody of the officer apprehending him to the prison
     mentioned in the warrant; and the Governor or keeper of such prison
     shall produce such person before the Court as it may from time to time
     direct, and shall safely keep him until such time as the Court shall otherwise
     order, or such person shall be otherwise discharged by law.

FEES.

Fees of Court.
Cf. Rule 72 of
1887,
Bankruptcy
Rule 6, and
1908, No. 12,
s. 172 (N.Z.)

182. The Registrar shall receive and take in respect of all matters or
     proceedings in the Court in relation to the winding-up of companies the
     same fees as are for the time being payable to Registrars pursuant to
     Rule 581 of the Code of Civil Procedure in respect of like matters or
     proceedings under the Judicature Act, 1908 :
     Provided that the fee for filing a petition for the winding-up of a
     company by the Court, or subject to the supervision of the Court, shall
     be £3 :
     Provided further that no fee shall be received or taken for—
     (a) Sealing the three copies of a winding-up order referred to in
     rules 25 and 27 of the rules :
     (b) Filing a liquidator’s final statement of accounts, or the report of
     the Audit Office thereon, or any affidavit therewith, or a notice
     of motion for release of a liquidator :
     (c) Sealing an order releasing a liquidator :
     (d) The examination of any person under section 214 or section 215
     of the Act.

Fees payable
to Public
Account.
Companies
(Board of
Trade) Fees
Order, 1920,
rr. 1, 2, 6
(Imperial)
Cf. 1908, No. 28,
s. 191 (N.Z.)

183. (1) Subject to the next succeeding subclause, the fees specified in
     the Second Schedule hereto shall be paid in respect of proceedings in the
     winding-up of companies.
     (2) Where the head office of the company is situate outside New Zealand,
     and the liquidation takes place partly in New Zealand and partly elsewhere,
     or where the Court has sanctioned a reconstruction of the company or a
     scheme of arrangement of its affairs, or where for any other reason the Official
     Assignee satisfies the Minister of Justice that the fees in the said Schedule
     would be excessive, such reduction may be made in the said fees as may,
     on the recommendation of the Minister of Justice, be sanctioned by the
     Treasury.
     (3) The said fees shall be paid into the Public Account and form part
     of the Consolidated Fund.
     (4) Wherever practicable every fee shall be paid before the proceeding
     is had in respect of which the fee is payable.