RESIDENT MAGISTRATE'S COURT.—Thursday. [Before Thomas Beckham, Esq., R.M.]

Daily Southern Cross, Volume XXVI, Issue 3970, 13 May 1870, Page 4

RESIDENT MAGISTRATE'S COURT.— Thursday. [Before Thomas Beckham, Esq., R.M.]

Judgment. — Band of Hope Golchnirring Company v. W. JD. Hay : This case was heard a fortnight ago, and judgment reserved. On the case being called yesterday, a verdict was recorded for the plaintiffs, with costs. -■ ** Shaav v. T. S. Coppock.— This was an application for rehearing. The case had been heard last Couxt-day. It was a claim, as will be lecollected, tor £12 15s. ; and judgment had been given only for money really due, without costs. — Mr. Ree3 appeared on behalf of the application ; Mr. Wynn oppfised, instructed by Mr. Hesketh. — The i ourfc reserved its decision until next Court-day (Friday, the 20th) as to a rehearing.

Judgments fob Plaintiffs. — Mermaid Groldmining Company v. John Cornish, jun., calls, £6 13s. 4d. ; same v. George Cornish, calls £6 13s. 4d. ; same v. William B. Hayley, calls, £6 13s. 4d. ; C. H. L. Joy v. Frederick Cock, account stated, £2 Ba. 3d. ; Edward Wall v. Millis, use and occupation, £5 25. ; same v. Gibbs, use and occupation, £1 15s. 6d. ; Quick v. Thomas Jesser, freight, &g., £6 Os. 9d.; McCaalin v. Beaton, balance of account rendered, £8 Os. 5d. ; Roland R. ' Campion v. Augustus Coatea, cash lent, £2 j T. B. Gillies v. Armstrong Newburn, rent, £16'; Stewart v. Lucky Hit GoldmLning Company, cash advanced, £11 3s. 6d.; Thornton v. McGuffy, promissory note for money lent, £3.

Adjotoned till kext Ooujrt-day (Friday, the 20th instant). — For the following cases adjournment was asked for, and granted :— J. M. Lord and Stuart OBrien v. John Copland, £20 damages ; Rolf v. Lee, . account stated, £1 7*.; Tradesmen's Gold--mining Company v. F. W. Wright, £15, calls.

Adjourned till Friday, the 27th instant.—Settele v. Kichard Dyer, £8 4a., ,being an unsatisfied judgment case frpin Hokitika. L „, , . jt Judgments Confessed. — Henry Kissling 'Y. Pear'cV PMUips, fill 16s.'i amount of

1.0.UW Kerrf dge v. Walsh, £1, wag ea •Y. Waxrea Yt Thomas White, goods, £7 16s, sd,

defended oases. New Zealand Golmuning Company v* Hellicar. — Claim, £5 10s., amount due for calls. — Mr. Hesketh for plaintiff ; Mr. Hay for the defence. The defence relied iipon wag — 1. That defendant was not a shareholder. 2. That the directors of the company were -not properly elected. 3.Tliat the calls -were not properly made. — Council for plaintiffs combated each objection, proving that defendant had paid £1 on account, and had promised the balance (his letter produced), thus admitting that he was a shareholder. — James Scott McKellar, mining manager, gave the necessary evidence for proof of the other points. — Judgment passed for plaintiff, with costs. North Island Goldmininc} Company v. Thomas Shove. — Calls, £15. — Mr. Hesketk for plaintiff ; Mr. MacCormick and Mr. Wynn for defence. — The defence was — 1. That there is no such company. 2. That defendant is not a shareholder. 3. That no resolutions were come to for winding up the company, as alleged ; plaintiff (Mr. H. H. Lusk, representing the company) was not appointed liquidator as alleged ; and no calls were made as alleged. — Plaintiffs counsel attempted to prove his case— that Mr. fi. H, Lusk had been appointed liquidator at an extraordinary general meeting held at its office on the 18th February last, at which meeting it had been resolved to wind up the company. — Mr. MacCormick opposed at every turn. The minutes of the meeting were not in Court, and it was ultimately agreed to take a nonsuit. — Nonsuited accordingly. Mitchell y. Robebt Grmiam. —Claim for £11 55., services (taking shorthand notes o£ the proceedings at the Native Lands Court) . last February. — Mr. Wynn for plaintiff; Mr, , Hesketh for Mr. . R. Graham. The defence was, that plaintiff was only to supply a copy of the proceedings,' he being at the same time engaged by a third pai"ty (Whitaker andLundon). — William MitcheD, shorthand reporter, stated : On, Monday, February 7, there -was a sitting of the Native Lands Court. I was employed on behalf of Mr. Whitaker to take reports of the proceedings. Mr. Macdonald told me that defendant wanted a copy of the report. It was supplied, and the charges made are fair and reasonable. — Mr. Hesketh cross-examined. — J. E. Macdonald, solicitor, stated : Mr. Mitchell asked me at the end of the first day if I would like a report of Jthe proceedings, j referred to Mr. Graham, and he aaid he should like a copy. — By Mr. Hesketh : I ' knew plaintiff was employed by Whitaker and Lundon ; and defendant was also made aware of that fact. — By the Court : Mr. Mitchell was retained by Mr. Whitaker, and what we wanted was a copy of the report. — By Mr. Wynn : Mr. Graham would certainly ' have the benefit of the report, and to the, same extent as Whitaker and Lundon! — E. Fox, shorthand reporter, in his evidence sai&the charge made per folio was very reasonable. Witness would not do the same work at so low a charge. — Messrs. J. Kinsella and J. J. Utting, also shorthand reporters, were called on to state as to the custom in such cases. The latter had himself been employed by Mr. O'Keeffe at the same sitting, and for the same work, and had charged one guinea per day for attendance, and Bd. per folio. —Counsel addressed the Court, — In giving judgment, the Bench said: In a case of this kind, the question should have been, put whether a reporter has the right, when employed for a special purpose, to give copies of the report to any one but his employer. As the evidence stands, judgment muat pass for plaintiff. Golden Ckown" Extended v. Johk Russell. — Claim for calls, £2 5s. — Mr. H. H. Lusk for plaintiff; Mr. MacCormick for defendant. — Seven cases were brought by the same company, and it was decided that the present should decide the rest. The other six defendants were — Thomas Hobson, William H. Skinner, William Taylor,William Mill, Richard Kelly, and Samuel Coombes. — It was stated in Court that the ground had been sold, and the company had made the calls for the purpose of paying the debts due by it. A majority of the shareholders agreed to that course being pursued, after which the company would be wound up. On this explanation being given, the defendants named agreed to pay, time being allowed. — This was accepted plaintiffs ; time being extended to n Monday three weeks. c' - All the remaining cases were adjourned till next Court-day (Friday, the 20fch). The Court then rose.