DISTRICT COURT.—Tuesday.

Auckland Star, Volume I, Issue 277, 29 November 1870, Page 2

DISTRICT COURT.— Tuesday.

■ [Before Thomas Eeckbam, Esq., R.M.] The sitting of this Court was resumed at halfpast ten o'clock this morning. Donnelly v. Pye.—This case was heard on Monday. —A nonsuit was recorded. H. ST. Waeneb t. Kobekt Heywood.— This was an action brought; by the Official Agent to recover the books of the Tradesmen's Gold Mining Company. The plaintiff holds an order for the winding-up of the company.

He has been unable to proceed without the books, which were alleged to have been in the posspssibn of the defendant. —Mr. Eees, instructed by Mr. Lusk, appeared for the plaintiff; Mr. Wynn for the defendant. —Mr. Warner deposed that he was Official Liquidator, and that he was empowered to wind-up the Tradesmen's Gold Mining Company, but was unable to do so, not being in possession of the books.--Mr. H. H. Lusk deposed that, upon his resigning the management of the Tradesmen's G-old Mining Company, he sent the books to the defendant, who had been appointed manager of the company. —The Court was addressed at considerable length by the counsel on both sides, after which.a nonsuit was accepted. Nolan t. Ryan.—This case was adjourned until next Court-day.

H. H\ Warneb t. Mclsaac3' Goi-b Mining- Company.—Mr. J. B. Russell and Mr. Hesketh for the Official Agent (the plaintiff), who sued all the shareholders of this company to pay their fair contributions towards winding-up the company ; Messrs. Rees, Kissling, and Weston appeared, for various of the defendants, who denied their liability. After the long list of defendants had been read over, Mr. Hesketh, on behalf of the Official Agent, withdrew the whole of the cases, as there was a fatal objection to his getting a verdict. — Mr. Rees and Mr. Weston applied for their clients' costs.—Mr. Hesketh said it was very questionable whether the Court had power to order costs.—The question of costs was argued at some length, but it will be settled at a future date.

Official Ag-ent v. Bon Accokd Gold Mining Company.—Mr. Rees for the plaintiff. —A long list of names was called ovnr. None of them answered to their names.—The plaintiff gave evidence to the various amounts with which the defendants were assessed.— The necessary orders were made.