CAP. 32]
Companies.
[r. 59 cont.] 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.
Shorthand notes.
R. 70.
Forms 32 and 33.
Committal of contumacious witness.
R. 71. Form 36.
Witnesses and Depositions.
60. If the court or the officer of the court before whom any examination under the Ordinance and rules is directed to be held shall in any case, and at any stage of the proceedings, be of opinion that it would be desirable that a person (other than the person before whom an examination is taken) should be appointed to take down the evidence of any person examined in shorthand or otherwise, it shall be competent for the court or officer aforesaid to make such appointment, and every person so appointed, if not in the service of the Government, shall be paid a sum not exceeding twenty-five dollars a day, and also a sum not exceeding twenty-five cents per folio of seventy-two 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. The shorthand writer (if any) attached to the Official Receiver's office shall be deemed to be duly appointed under this rule, and it shall not be necessary to make any application to make such appointment, and a general declaration by such shorthand writer adapted from Form 33 shall be deemed to apply to all cases in which notes are taken by him as aforesaid, but this rule shall not be construed as precluding the appointment of any other person. A transcript of any such notes, purporting to be such transcript, and purporting to be signed by a shorthand writer duly appointed under this rule or by the shorthand writer attached to the Official Receiver's office, shall until the contrary is proved be sufficient evidence that the questions and answers set forth therein were so put and answered respectively.
61. (1) If a person examined before a Registrar or other officer of the court who has no power to commit for contempt of court, refuses to answer to the satisfaction of the Registrar or officer any question which he may
64
Page 30
Page 31
CAP. 32]
Companies.
[r. 59 cont.] 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.
Shorthand notes.
R. 70.
Forms 32 and 33.
Committal
of
contumacious witness.
R. 71. Form 36.
Witnesses and Depositions.
60. If the court or the officer of the court before whom any examination under the Ordinance and rules is directed to be held shall in any case, and at any stage of the proceedings, be of opinion that it would be desirable that a person (other than the person before whom an examination is taken) should be appointed to take down the evidence of any person examined in shorthand or other- wise, it shall be competent for the court or officer afore- said to make such appointment, and every person · so appointed, if not in the service of the Government, shall -be paid-a-sum not exceeding twenty-five dollars a day, and also a sum not exceeding twenty-five cents per folio of seventy-two 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. The shorthand writer (if any) attached to the Official Re- ceiver's office shall be deemed to be duly appointed under this rule, and it shall not be necessary to make any applica- tion to make such appointment, and a general -declaration by such shorthand writer adapted from Form 33 shall be deemed to apply to all cases in which notes are taken by him as aforesaid, but this rule shall not be construed as precluding the appointment of any other person. A tran- script of any such notes, purporting to be such transcript, and purporting to be signed by a shorthand writer duly appointed under this rule or by the shorthand writer attached to the Official Receiver's office, shall until the contrary is proved be sufficient evidence that the questions and answers set forth therein were so put and answered respectively.
61. (1) If a person examined before a Registrar or other officer of the court who has no power to commit for contempt of court, refuses to answer to the satisfac- tion of the Registrar or officer any question which he may
64
Page 30Page 31
No comments yet.
Private notes are available after approval.