POLICE COURT.—Friday.

Auckland Star, Volume I, Issue 131, 10 June 1870, Page 2

POLICE COURT.—Friday.

[Before J. S.'Macfarlane,. G..7B_i Owen, and '~ ,T, Ritchie, Esq.-, J-P-'e-],. ~; ,

DKTJNJ-ENNESS.

John Higgins.' Thomas Harris6n/and A. J. Nicholson were fined, in the usual way for being drunk. -.>. />'_iiHC__itf|"l .. .. .. ''.'; ' Thomas Brown was charged; hy- Martha Lamb with stealing a pair of boote, Valne l()s. Prisoner pleaded not guilty. '"'" The .case was dismissed, the evidence,.not being very, clear. : ( ,....- ;• ..,;•. ~.i-,;/ ...... ; "WINDINO UP." ;. .. . ~.. ) r E. H. Power was sued for £380, amount cf unpaid capital oh 76 shares in the' Monarch Gold, Mining Company. .- ; . . ( .-, Mr. R.ees, appeared for the official liqai--datbr, and' Mr. Beveridge for the defendant, who was not present. ■-' . It will be remembered that last week Mr. Stewart was sued by the, Official Liquidator for the sum of £380', amount, of unpaid capital on a number of shares held by him. On that occasion the case was dismissed, on the ground that tke company was called in the summons the Monarch Gold .Miping .Company; instead" of the Thames Quartz Mining Company. In ,the:pj*Bentv<sasethe summons; was niade.qut in, the .name, of. the/Monarch,,,Gold. Mining Company. ' _-.■.., ■■ i Mr. Beveridge said that the action' was brought on the winding-up, order, which was especially granted to tnej Quarta Mining,Company,.ancl not 4' Gold Mjbah%g.,'i Mr. Rees asked "'that the summona'ia^ght^Lp amended. i ' The Bench wWof dpfaion<that. the Alteration was of So much importinW that it'should hot be made atithe.dastmoment,; ..The case'must be,.dismissed wit^h costs. Qf course, it could ber brought again on a fresh summons. SAME V. HANNAFOBD.

In this case the defendant's solicitor agreed to havethe information amended,, q-i7,>' j' 1 ' EJAMB V. T/ G. ABMSTBONG;" ;"Mr. Roes for ;the'plain_n£ '•" ''; k--' This defendant was sued for the unpaid capital on 80 shares, amounting te £376, in the Armstrong.dolpl Mining Company.; .•_/ Mr. W. Wilsonarid.Mr. J. B.Russell, ap<,peared for .thg .defendant .and. jpleaded^, not indebted.I'"' _. "" ' .' ' ~_,v - .T r_ . j '■md Beerbrleny' opCneu^h6"cas_r-ana put, in the New Zealand (_^ze_-e'-_^/M_toEland Provincial Gazette,- in which the appointment of Mr. Otwayi'as official- /liquidator_apj|Bared, also the certificate of incorporat_bn%f the company afgn-d iby-theWarden^a.-Bi'Davy, the winding up order of the District Court in I the Monarch . ; Cold . Mining Company's liquidator, the register of.shareholders. ; ml. : The following,-witnesses, where then, examined: — :.;.■: ;,.<! "'!.

Joseph Lyle, deposed : I was late, manager of the Monarch. Quart*; '/Mining' Company. I produce the register of the company. Mr^ Armstrng's name appears upon it'on the llth of April. He was di -hatel. older during the months of March and April for eighty shares'. He haß paid "calls from time to time in the company. The -last was paid on the 27th April. I produce* aQiranife'r from Mr. Armstrong to Mr. Pickering, executed on the 22nd jApril. At'the' date! Qf/the. finding np order those shares w,«|ro;np,t transferred. Each share represented £5, that is they were £5 shares. Upon those eighty sEareTMr. Armstrong paid certain calls.! i I produce itheilfcdger. , ,r'V. Mr. Wilson objected 'to the production of the ledger. .... :; x_.\_. , ISHHg .R^eslpphtehde'd; jtliat the books'-^of a company were evidence and could he pro-; •ducftdnmoO ~pn51,... •. I .....'',' :-"■,;■ .1 .... I .'_ ' ~! . fS©u_.e^discittsion tooktplace, Mr,. .Wilson ic«ntc_»dingjthat the, book was only the copy M ojtftaipldoouments,; and not even in .tile,i«itni»s9,Uhand*j.it)Uig4. v . ■ il:r>z. laoitr i .atiTh,e (B_aiM!l_irpl«di i th'»t the book., could,,npt! lbt#._Slt in-, mm 'ilgitia 9'io:u xi. ainJ N.v ; Examination cctafcinuftd. -i J kVas manager, [of _thisico c mj|w«yj oThfedeftindantiflaame appears i in the Gazette prQ<Juwdj_jj»3ifh(s> holder'; of eighfe^h^esrin^er Mpnarchy^aajite Mining Conipaqy. From the formation of ihe company _o the 22ud April the .de^p^n^.^eld eighty shares. The transfer came to my -hands-on-the-27th. —Befendantrhtts-patdH£24 on accouut of those shares. Up to the 22nd of AprilTQftrM t<Ari-_sW|>> hever'^ disavowed being a shareholder. : Ashmanager of the company it is my dftty t^^wtf^he register. Tljer^apo date to sho^^t^tito^Mr. Armstrong became a shareholder. ,-^p^.%^an original shareholder.,,., On the 28fih April «erii#Ma_eu»s^ <psny f ftiMrdng eeaVe rd'(&|be'a MfcrelWae'l? oh MtfaTtn'Aptfl.'.me'ta by my clerk. Ican'tswear WW& .nbe'nWiCtfwer.

same time. I can't swear whaherlh hS I over my scrip to Mr. Armstrong T*? de * | think he attended a single mating of lT*' 11 holders; according to the muu\ g he toA* I He was absent from the Thames XJ_a» I an assignment by the original "sharekold^ and the rules. Mr. Armstrong nan . c doeaT. I appear m the nunutes of the meeting »W was held before the formation of the com and when it was decided to form the §ll .'into, a o|topany. The shareholders at tV° meeting empowered me to form the claim ii a company. The defendant did not person.!) authorise me,; he did so in writing; T'vja not the iwritihg with me. "**j bu^£-i|= M,'-AmßtrOngdido<'»'H MW Wilson j That cannot go down. Tf ■ _jot. ey|de-ice unless the letter is produ^ 1 B<»mo'discussion arose.

By Mr. Wilson : I received _}24_fro__ hu_ "-b3hSt!_@ic^^ pany are about £220. ThqJ number of __./ is 900.., They* are all- allotted!a't» fig, m* atnount of the calls already paid in is about fi! C. Otway deposed : I am the Official Agent I received the order to wind up the Monaroh Quartz Mining Company. 1 have taken .steps to-obtain a full, test-of the debts due to the company. They amount t_.s3oß'L pluding all the costs and , charges;' it '^oiild buffice to wind up the company *_n_« &T all the debLs. The proved debts amount Ia £205. i. ; , > y ;j'._.TT This was the case. . • ..

Mr. Wilson contended that the cue ___ not been proved, and that it ougtt,'therefore to be dismissed.' ' .'v"';i *;< Mr. Rees replied at considerable length, and contended that the case had been fully prbTed, As for the 'factof Mr. Armstrohghavihg: ______ ferred his shares, that would'not'avaulimv _. he had not assigned his shares until eleren days after the estate was ordered to be'tround up, and when it was in the hands of tiie official agent. Nothing that was done after the company had been wound up could hire any effect, and he therefore confidently asked the Court to give judgment on "bthalf 6f hi client. '" '-■' •' - -'J'' ''

Mr. Wilson wished to reply on a point of law, but Mr. Rees objected, and the jßentsh said it was not necessary, as they, hadljKJlt made up their .minds on the subject. After a short consultation, i., The Beneh;?dismiseed the Case wit-icost. on the ground; that the amount sued for was, out of all propßrtioii to tho liabilities of ; tke defendant. They expressed no opinion as to whether, he waa a shareholder, or/, not, but dismissed it, of its merits. . ~( ), ~...... The bther'cjraes were withdrawn.' ; ",\; This was all the business.'''"