LAW AND POLICE.

New Zealand Herald, Volume XXXIV, Issue 10626, 15 December 1897, Page 3

LAW AND POLICE.

SUPREME COURT.— Chambers. Tuesday. (Before His Honor Mr. Justice Conollj.] PROBATE. Probate of the wills of the following persons deceased was granted, John Darrach (Mr. Gribbin) and Mary Ann Mabonv (Mr. Mahony). LETTERS OF ADMINISTRATION. Hjs Honor granted letters of administration in the estates of Richard Farrer(Mr. Stewart), A. Campbell (Mr. Griffiths), and Walter Henry Massey (Mr. Bruce). POVERTY BAY CO-OPERATIVE ASSOCIATION. In the matter of the Companies Act, 1882, and re the Povertv Bay Farmers' Co-opera-tive Association (Limited); petition for a winding-up order. Mr. Clayton appeared in support, and Messrs. Theo. Cooper and Campbell for creditors. No opposition was offered to the winding up of the' company, but His Honor was asked to deal with the appointment of official liquidator. Mr. Campbell asked that Mr. Wm. Gray, of Auckland, be associated with Mr. Coleman, the provisional liquidator. His Honor remarked that after the filing of the petition the company had sold the property, and the purchaser was dealing with it as his own, The winding-up order dated back to the time that the petition was filed, and all subsequent actions of the company would be invalid. It was likely to lead _to much complication. Mr. Cooper said it was likely that there would be a good many motions before His Honor on the matter., Mr. Cooper objected to the appointment of Mr, Gray on the ground that the estate would not bear the cost of a second liquidator. Mr. Clayton also objected. His Honor thought at present one would suffice, and appointed Mr. Coleman, of Gisborne, liquidator, and fixed the security at £1000. The liquidator was given full powers under section 1-58 of the Act, With the exception of selling the whole property as a going concern. An order was made that the company be wound up by the Court.

CONTROL OF AN ESTATE. Re Samuel M. Herapath (deceased), Mr. Campbell appeared in support of a summons for an order as to control'of funds. Mr. Cotter appeared for the trustees. An order was made with Mr. Cotter's consent for the payment of £50 to the widow out of the estate, and for the future 7s 6d per week for each child till attaining the age of 16. Costs, £3 3s, to be paid out of the estate. INJUNCTION. Re Preece and Smythe and others, Mr. Beale's motion for interim injunction. An order was made as prayed. A COMPANY PURCHASING ITS OWN SHARES. In the matter of the Mining Companies Act, 1894, and re European Gold Mining Company, limited Mr, Jackson Palmer appeared in support of a summons to rectify register. Mr. Palmer appeared for the Company ; Messrs. Burton, Beale, and Theo. Cooper for persons interested. Mr. Cooper applied to have the name of his client (Mr. Robins) removed from the register. The name of Mr. Robins had been removed by the company—illegally Mr. Cooper contended, as he held it should he done by the Court only. Mr. Robins bought the shares (forfeited for non-payment of calls) at auction, aud subsequently refused to be placed on the register, as it had been represented to him that he was buying into a "no liability'' and not a■' limited liability" company. He was, however, placed on the register. Au error was made and the company over-sold to Mr. Robins, and the shares to make up the deficiency were purchased from the persons represented by Messrs. Burton and Beale. No opposition was offered to Mr. Cooper's motion, and His Honor made an order as prayed. Mr. Palmer argued that the company's action in thus buying its own shares was an illegal one, and held that therefore the shares were still in the names of the six shareholders (two of whom were directors in the company, and two of whom were the company's solicitors). He would ask that the names of the six shareholders, namely, Messrs. Dawson, Collieck, Harvey Beale (2), and Greville be re-inserted in the share register, Mr. Burton conteuded that even if the sale were illegal, calls had become due since that date, and as they were not paid, the shares had practically become forfeited, and were therefore "(lead" shares, His Honor could not order them to be reinstated, and the motion had come too late. Mr. Beule submitted that the application was inequitable. The company had committed the act itself, and could not apply to have the act undone. In the case of Mr. Greville, he had been asked to allow 1000 of his shares to be transferred to help to make up tho deficiency of the shares oversold to Mr. Robins, and now the company sought to have that act undone. Air. Palmer replied shortly. His Honor had very little doubt that the purchase was illegal, and therefore that the names of those parlies should never have been taken off the register. Assuming that what should have been done was done, those shareholders' names would have remained on the register, aud they became liable for calls. A call was due on August 2nd, three months after the transaction, and then three months were allowed to go by without any attempt to put the names of those six persons on the register so as to make them liable for that call. Assuming that they should have been on the register the whole time, then the question of forfeiture came in. It appeared to His Honor that the company had done nothing to protect itself from having those shares forfeited. Therefore from August 23rd those parties were not on the list of shareholders, and could not now be reinstated. An order was made rectifying the register by the removal of Robins' name, hut the summons with respect to the other six names was dismissed. No costs were allowed.

POLICE COURT NEWS. ALLEGED THEFT OF A BICYCLE. Prank Evans, a middle-aged man, was brouslit before Mr. T. Hutchison, S.M., at the Police Court yesterday, on a charge of stealing a bicycle, valued at £13, the property of Robert Henry Thomas Moore. Informant, who is a clerk in the employ of ike Rebate Alliance Company, said that lie left Ilia bicycle in the hall of tho building behind a screen, on December 7th, ana missed it the same evening. He did not take any steps to. recover it until he saw a notice in a newspaper that an owner was wanted for a bicycle, when he went to the police station and recognised his bicycle. Accused hart no authority from him to take the machine. James Knight, another witness, said that he saw accused with the bicycle, and suspecting that it was stolen, gave information to the police. John H. Davis, a second-hand dealer, deposed that accused offered him the bicycle for sale for £3. Witness refused to buy it, and accused took it away again. Accused was afterwards seen to take the macliiuo iuto Wellesley-atreet West, and hide it in a yard under a pile of timber. Constable Smith, who arrested accused, took him round to the spot where it was hidden, and recovered it. Accused, who had nothing to say, was then formally committed tor trial. FRUIT STEALING. Frank McKimmie and Arthur McKeown, two boys, were charged with the theft of a quantity of oranges irom Donald and Edenborougn's warehouse. McKeown admitted the theft, but the other accused pleaded not guilty. A conviction was recorded against both boys upon the evidence adduced. McKeown, who had not previously been convicted, was discharged, and ordered to come up for sentence when called upon. McKimmie was sentenced to seven plays' imprisonment. DRUNKENNESS. A first offender was convicted and discharged for drunkenness, James McKibbiu was convicted and fined £1, with the alternative of seven days' imprisonment. A DEFAULTING BANKRUPT. The case against Samuel Adams, which was begun on the previous day,, was continued before Mr. H. W. Brabant yesterday. Mr. Tole; Crown solicitor, prosecuted, and Mr. Parr appeared for accused. Mr. Parr said that as the result of a conference with Mr. Tole he would plead guilty to the first charge, of contracting a dfst without having any reasonable grounds of being able to pay the same. The second charge, of obtaining goods under false representations, was then withdrawn. Mr. Parr asked His Worship to deal with the case under the First Offenders Probation Act, and said that he recollected three similar cases in two of which the provisions of the Act were extended to the misdemeanant. Mr. Tole said that it was not the desire of the Official Assignee to unduly harass accused, but they were convinced that in his recent business transaction he had shown a tendency to crooked dealings, . His Worship said that the provisions of the Bankruptcy Act, 1892 made a number of offences misdemeanours punishable by two years imprisonment. Accused was charged with two offences under the Act, and having pleaded guilty to one the other was withdrawn. Enough evidence had been taken to show that improper and dishonest dealings had. takeu place, .ft was provided by the Legislature that the case might be disposed of summarily, in which case the sentence might be six months imprisonment. Looking at the circunistaucesjie did not re' justified in. practically dismissing, the by dealing with ;it under the r_irst Offenders Aot. However, he would take into consideration, the fact v that jj accused had already been,nearly,,* month; in gaol, and would impose a sentence of two months imprisonment. V ,