WARD FARMERS' ASSOCIATION.

Star (Christchurch), Issue 6125, 11 March 1898, Page 3

WARD FARMERS' ASSOCIATION.

.... ♦ ' APPLICATION TO PEOSECUTE EEFUSED. [Per Press Association. I DUNEDIN. March 11. Judge Williams this morning delivered judgment on the petition asking the Court to direct the liquidators of the Ward Farmers' Association to prosecute Messrs J. G. Ward and John Fisher. Hi;? Honor said in the course of his judgment :— Some of the shareholders ask that their servants" should be prosecuted at the expense of their creditor-. It is through the action of these servants that the creditors have lost their money. It is quite unreasonable that a debtor should ask that his servants should be prosecuted at the expense of his creditors for offences committed during the course of such service. So far, therefore, as the application is an application for direction to prosecute at the expense of the assets of the company, the application must be refused. As to the suggestion that the liquidator might be directed to prosecute if. indemnity as to costs were given him by the petitioners, nothing was said in the petition as to such indemnity. It was open to anyone to institute a. prosecution if he wished to do so, and was prepared to pay such costs as may not be defrayed by the Crown, and the liquidator would, of course, render assistance to either side in elucidat-; ing the tacts. The order asked for would be refused. The Judge added that he would be glad if the opinion of the Court of Appeal were obtained.