DISTRICT COURT.—Thursday.

Auckland Star, Volume I, Issue 184, 11 August 1870, Page 2

DISTRICT COURT.—Thursday.

[Before Thomas Beckham, Esq., District Judge.]

An adjourned sitting of this Court was held this morning for the purpose of giving judgment in several cases which came before the Court on Monday last.

TEUTONIC GOLD MINING COMPANY Y. JAMES

RUSSELL.

This case was heard on Monday. The claim was for £48, calls alleged to be due, less those absolutely paid. The facts of the case are briefly these. Several calls were made by the directors of the company, but these calls were proved to be illegally made, consequently the directors made one large call to cover the whole. At the meeting at which the call was made the legal manager was present as a director, there being also present four other directors. On the part of the defence it was argued probably that the sum absolutely owing by the plaintiff for calls was not more than half the amount sued for, as he had paid several calls although it appeared that they had been illegally made. The other ground of defence was that according to the company's rule, Mr. Taylor, being legal manager, could not also be a director, and as he was present, and was one of the quorum of directors who made the call, was therefore illegal, notwithstanding that a quorum was present without him. His Honor now gave judgment. He said he had looked very carefully into the case, and he found that the call had been legally made. He had consulted authorities on the subject, and found in " Harrison's Analitical Digest" a case in every way analagous to the present. In that case it appeared that some proceedings of a vestry were disputed, on the ground that a vestryman de facto, but not cejiire, had given a vote ; but the Judge ruled that a quorum being present without this person, the action of the vestry was perfectly valid. In Fisher's "Digested Index to the Reported Decisions of the House of Peers and Law Courts," would be found the following on the subject of registration : —" Where a person, although not properly appointed a director of a company, sits at the board, and acts as such, the Court will, under section 29 of the 7th and Bth Viet. cap. 110, so far treat him as a director as to disallow his claim under a contract for executing work for the company (South Essex Gas Light and Coke Company in re, ex parte Stears, 29 L. J. Chan 437, C. W.) Under these circumstances, the judgment of the Court must pass for the plaintiff for the sum absolutely due. TEUTONIC GOLD MINING- COMPANY V. SHOLL. This wa3 a similar case as the last, and it was understood on Monday that the judgment in one case should decide both. An agreement, however, was now made between the solicitors in the case to allow it to stand over till next Court day. STAIT V. REES. This was an application made last court day for the Court to grant a rule to set aside an application of appeal. The Court now decided not to interfere in the matter, and the case will consequently go before the Supreme Court. DAWN OP HOPE GOLD MINING COMPANY V. CEOMBIE. Application for a new trial. His Honor ordered the caße to stand on the list for next Court day. This was all the business, and the Court adjourned.