DISTICT COURT, REEFTON.

Inangahua Times, Volume V, Issue 23, 21 January 1878, Page 2

DISTICT COURT, REEFTON.

SaTUHDAY. 19rH Ji.NUi.RT. (Before His Honor Judge Weston.) His Honor expressed his regret at Laving been unable through floods to reach Reefton in time to hold the Court upon the advertised date, and trusted that no inconvenience had been occasioned there* b,. Mr Pitt regretted (he discomfort to which his Honor had been exposed, and was glad to say that no inconvenience i had resulted to counsel. 5 Ik the Mattes of thb Rainy Cekkk [ Company (in Liquidation) and Wm. [ m'lban llquidatob, and 1w the , mlttbb of thb application of louis [ Davies and Others. ; Mr Guinness appeared to move for a ; rule absolute removing the present liquir dator from office. Mr Reid appeared to show cause against • the application. Ho said that ever since ; Mr M'Lean had been appointed to the r office of liquidator hia action had been r constantly opposed by a quasi creditor, r and a small creditor. It would be under* • stood that the action was not taken by any contributory, but by an alleged creditor. r The only evidence he intended to present . in support of his case was an affidavit of t William M'Lean. i Mr Guinnass would object to the read- ) inu of the «A4avit referred to on the i ground that it had been sworn on a date > subsequent to that fixed for the hearing I of the case. Upon this ground he sub* t mitted that the affidavit was inadmisiV able. i After hearing Mr Reid in reply his [ Honor ruled the objection to be untenable t At this stage of the case Mr Guinness t applied fov^an adjournment of the case until Monday, to enable him to file an §n f swering affidavit. i After some dixeussion the case was ad« . jour tied an asked. 9 Is THE SAVE MATTES AND PET"B PUB- . CELL. DECEASED, A CONTRIBUTORY. » Mr Keid moved to huve the name of i Mary Pun-ell, deceased* executrix, in* . kerted on the Hat of contributories of the [ above company, iv lieu of thut of dcL ceased. If is Honor inquired as to tlie position | of the estate, ■ , Mr Keid said he had just been informed • by Mr 'Guinness that the estntcd hud been vested in trustees for the benefit of • creditors. Under these circumstance* he felt in some doubt as to whether he ! i would proceed lurlher with the applied- | tion. His Honor said it had oci-u-red to him , t^iut the order might prove fruitless. i Air Reid said alter eonsuliin^ the li*. | quidator he had decided to withdraw the application. 1 In the san.e matter and William Runcie' a contributory* Mr Guinness moved on behalf of Mr Purkiss, solicitor, Hokitika, tor an order to remove Runcie 1 s name from the list of i contributories of the Raiuy Creek Comi pany, and the substitution tn lieu thereof : of the names ot D. W. Viytue and J* Craig, trustees iv the assigned estate of the 1 said W. Runcie. He moved upon the alii 1 davit of William Runcie, which contained the bare allegation that deponent had a»* i signed all his real and personal estate to the trustees before mentioned. Mr Reid, on behalf of tfee liquidator, said he did not w^sh to offer any very strong opposition to the application, but he thought that the alleged deed of as- | xignraent should Irtve been produced. In its übsence who w»s to pay what the 1 contents of the document were. His Honor s-tid there were two reasons why he should be disinclined to grant '. the order. He was unaware of the con* tenis of the deed, and it was impossible to say what property was actually passed by it ; and to make the | ergons named contributories without their consent in writing, or without giving them an opportunity of replying would be monstrous. Mr Guinness said the matter was only a small «.no. His Honor did not know whether the matte- rr-s large or "mull. Kuncie had alreit dy been before the Court, and it was necessary that the case should be looked into closely. Mr Reid further pointed out that the case was wrongly entituled, the word "Gold " being used instead of " Quartz " in the name of the company, and, further, that the copy oi the affidavit served upon the liquidator bore no endorsement. Mr Guinness said the affidavits had been prepared in Hokitilta, and the fault was, therefore, not his. It showed how they managed things in Hokitika. His Honor said the last objection alone must be fatal, and the application would therefore be dismissed without costs. In thb Mattbb of ihb Homeward Bound Company, and Abthub D'Oylby Bayfbild. Mr Pitt moved under section 35 of the Mining Companies Act, for a rule calling upon Louis Davies, the Manager of the Company, and Samuel Gilraer, a shareholder, to show cause why the register of the Company should not be rectified by the removal therefrom of the name of Samuel Gilmer, and substituting in lieu thereof the nurae of A. D. Bivfeild in '■ respect to 250 shares in the Company, numbered from 13251 to 13500 inclusive. Ho moved uyou the affidavit of A, I), 1 1

Bayfeild, which set forth that prior to registration the Company wa* divided intc 16 shares , that on the Ist September M'Dowall, a shareholder, sold and trans, ferred to deponent; that on the lat September the transfer fees acd were deposited with the manager's clerk, at the office of the Company, and a re* ceipt obtained ; that deponent was told at the time by the clerk that no othgr transfer in tbe same Company had been presented on that dny ; that on the 4th of September deponent received a letter from Louis Davies stating that the receipt had been given by the Clerk under a mis* apprehension, and that the interest hnd been sold and transferred prior to the lodgment of deponent's transfer* Mr Pitt proceeded to further show cause in support, and after a lengthy argument his Honor granted the rule, retunable on the 12th February, at Beef* ton. Ik thb Mattbb op the Gotw:x Tbea* scbb CompaKY (in liquidation), j tvo .W. Liquidatob.- 1- uv Mr Eeid, on behalf of the liqnidator, moved for an order approving of the plan of distribution, and for a further order dissolving the Company, and distributing the assets. . After ~a short argument bis Honor made the order as prayed. In reply to his Honor Mr Beid fluid t the cost of winding up had been L 260, and the liabilitea LI 160. the winding up 1 order having been granted two years ago. His Honor— l approve of the phn of distribution, and in doing so it affords me pleasure to refer to the manner in which the liqnidator has discharged his duties. He has exercised great dispatch in the matter, and when I regard the heavy cost of winding np estates in I England I cannot hut come to the con* elusion that the proceeding!! have been conducted with the greatest eonomy. I can nay this, for I have carefully investigated tl-e whole of the accounts. These proceedings could have been closed six months earlier, but for the clsira made by the National Bank— a claim made it apptars to me, without due consideration and without foundation. In conclusion, then. I can only reiterate that the Court is completely satisfied with the conduct of the liquidator in the matte/. IN THE HATTBR "F THE MB JULIUS YOGEL cuUPAXT, (m liquidation,) Mr Keid moved for an order calling upon Andrew M'Shain to show cause why he hnd failed to sati^fv a judgment in the above matter aeainst him. Defendant was examined ns to his means and as he siM he was interested in a claim »t present in litigation, the ci.se wan arijourne<l for one month to await the. result of such iitigatiou. The Court then .adjourned.