DISTRICT COURT.

Auckland Star, Volume II, Issue 468, 11 July 1871, Page 2

DISTRICT COURT.

[Before His Honor T. Beckham, Esq.-, District Judge.]

Gold Mining Companies.—Contributors to tlio following.gold mining companies in process of winding up were called upon; in Waitnkerei Prospe.lors' Gold Mining Company.— IT. N. Waruer, Official Agent, deposed thnt ho liad prepared an estimate of the cost of winding up this company, and prepared a list of the names of persons liable as contributors. Had also*'*fbrwarded the usual notice to each of them. The names struck out were—H. N. Warner, Henry Soal, D. A. Tole, John Smyth. The , remaining names on ■ the list, which wore very numerous, trcre retained as contributors of the respective sums for. which they were severally Bet- down. Wild Missor/Bi Extended. —There waano opposition in this case, and the schedule of contributors was allowed to pass without exception. Jlaep and Shamrock Gold Mixing- Company.—The Official Agent proved tho proparation of tho eslimate of tho cost of windingup, and the list of contributors, with the usual twenty-one clays' notice lo each. The schedule was passed without any names beiDg struck out.

Fbkeman's Bay Gold Mixing Company. —Mr. J. Ji.Kussell in support of Iho schedule as it stood; Messrs. Heaketb, Brock, and Coleman for the objectors, Messrs. Graham, Jones, W. Morrin, and Parker.— W. J. Parker , doposed that ho, with anotheiy was ownor of a full share in the original clainf, which" ho transferred to the company for sevonty scrip, as ho supposed, paid up —Mr. W. M. Hay, formerly manager, proved the transfer of the sliaro to the company. It was never registered. Did not know whero the transfer was. Mr. Way mouth was manager beforo tho witness. The document was prepared by witnosa, as solicitor to the company, and handed to Mr. Wayinouth. After the transfer was made, ground was claimed by some persons called "jumpers," who sued the company, and tho company lost tho ground. The consideration for the transfer was merely nominal, viz., 59.— Mr. Wm. Morrin eaid ho was in the same position as the last objector. He and Mr. Morton Jones owned a half original sharo, which they gave up to the company for thirtj-fivo scrip, " paid up." The claim was held in partnorship with Mr. Morton Jones. He could not any anything further than that the books of the company would show that, tliey had received thirty-fire shares in the company as equivalent —eighteen for his portion of a " half man's" ground, and that these shares were paid up. Until all the other shares were paid up he objected to pay anything more. He considered the transaction as simply au " oxehauge" of interest in tho' claim for scrip." The ground was afterwards jumped. — Mr. Bees submitted that -Mr. Morrin was clearly liable, for a transfer or interest must be in writing. There was no writing in this" case an.i consequently no evidence that any payin, .it was made, nor any evidenoo of consideration for these paid-up shares.—After some negotiation between counsel, Mr Morrinwithdrew his objection. — Mr. Kesketh said that i the other parties were in the same position. — His Honor questfoned whether it was wisdom in thes« cases to object. It appeared to him >liat it was a falling from Soylla to Chavyblis.—Mr. Hesketh doubted whether they yould be in a better position even if they ptid the smaller amount. They were'not abh to sustain an action in the' SUprejhe Oouit.—Miv J. B. .Russell said ike Official Agont bad tho whole matter in his hand. WJiei^ parties were unable to pay, he would be ready to tako a reasonable compensation, but: he was bound to obtain sufficient to " wind-up" the company. There was no intention when shareholders paid, the amount tliey .vwefe called upon to contribute to sue them agaku-^The objections of Messrs. Arckbokj, Hepburn, and V. Lush, were upon this understanding withdrawn. I :'..;■•

■ Win's Quabtz Mining Company.—Oneiiunga G-OiiD MiNjtNG.CoMPAjT.-TrTbese cases were adjourned to the 9th of October; it ;bciiig intimated that the question involved would bo submitted to the deoißiou <f tho Supreme Court. The question was wlether shares of claims given over to companies for paid up peri p, the holders of such sprip oat1 be made contributors. It appears that tlWconsidcration for the transfer in these cases w nominal, in order to escape payment of iamp duty. The Official Assignee had intiinaied to sue for tho full amount due on shares h everyease. Mr. Nathan will be accordingly;' sued for £190.— Mr. .Russell intimated that this case would be taken in respect of those oily who refused to pay the smaller sum. require! of them.—lt was also intimated that the contumacious would in all probability be cued und,a the Stamp Act.