MAGISTRATE'S COURT

Dominion, Volume 5, Issue 1474, 24 June 1912, Page 3

MAGISTRATE'S COURT

(Before Mr. V,". liiddell, S.M.)

CO Mr ANY LAW,

AN INTERESTING TEST CASE,

PROSECUTION UPHELD,

At Hie Magistrate's Court on Saturday Mr. W. G. Riddcll, S.M.. delivered judgment in tho case in which the Murray Creek .GoUlmining Co., Ltd., were charged with having failed to supply the Registrar of Companies with tho prescribed return for 1011.

>Ir. 11. H. Ostlir icpresentcil the prosecution, and Mr. A. L. Herdumn appeared for the defendants.

At the heaiiiiß Mr. Htrdman said thnt tho question was whether or not this company, wihich was in its fir.st year, was obliged to hold an annual general meeting after having held'tho statutory mooting. He contended that there was no need to hoid an annual meeting in tho first year of a company's existence. The Legislature hail not intended that a company should hold any otlior than the statutory meeting in the first year of its existence. It was absurd to put any construction on tho Act which would suggest that a company not only had to hold the statutory meeting, but had to hold its annual meeting immediately afterwards. No ono would over attend the second meeting, because there would be no business to transact. Nothing wa.s required of tho company except that it stiould hold the statutory meeting and supply certain information, which in this easo had been supplied. Mr. Ostler said that the _ point raised by Mr. Herdman had long since been decided on the English statute, v;hich was exactly similar to the New statute on the subject. Companies must liold, besides the statutory meeting, at least one ordinary general meeting every year. . .

ilis Worship said that after reviewing the statute he must decide against tho defendants. However, as the caso was regarded as a test, defendants would only bs required to pay costs (75.).

THE POLICE LIST. For insobriety James Cameron was fined 10s.; Boldean Goodwin Hulburt 10s.; and William Lines JSI. Stella Taylor, alias Portland, was sentenced to three months' imprisonment on a charge of'her being idle and disorderly. On a similar charge Jean Cairns, alias Leahy, was convicted and ordered to appear for fentence when called oil. John M'Conwlle was fined ,Cl for liavinsr broken a prohibition order. _ Ernest Stevens was charged with being idle and disorderly. He a=!ced for ''a chance," saying that he had work to go to. His Worship agreed to give him # the chance which he requested, and to issuo a nrohibition order against him. Charles Edmondson Leask was accused of being idle and disorderly. Sergeant Henry deposed that the defendant had not worked for a considerable time, and had been sleeping out during the recent cold weather. I.oask was remanded till to-dav for tho poliec to make inquiries as to whether or not he will be readmitted to tho Ohiro Home, ,at which institution he was once an inmate. John Edward Lisher was fined £3 for having broken a prohibition order. Robert Henderson was found guilty on a charge of having stolen an overcoat valued at £2 10s. from the shop of W. F. Hornig, Cuba Street. Defendant, who was said to have been under tho influence of liquor at the time of tho theft, was fined jit. ■ , James Oliver Armstrong was fined il for having siolen a copper boiler from linker Brothers. Jamrs O'Dca was fined ,£3 for having committed a certain act. and a prohibition order was issued aga'.ust him. For having behaved in a disorderly manner. Norman Copeland M'Phce was fined c£l, and for having Twisted arrest h'o was fined .£2. Robert Tait was sentenced to ono month's imprisonment for having stolen an overcoat and a macintosh from John Griffiths.