DISTRICT COURT.

Auckland Star, Volume I, Issue 512, 31 August 1871, Page 2

DISTRICT COURT.

THURSDAY, AUG-UST 28,

And again, the mention of " Used Up" reminds me of Charles Mathews, that being the piece in which he appeared on the occasion of his flying visit to this city, arid when he played Sir Charles, Coldstream and Plumper, at the Royal—the performance commencing at eleven in the morning. I fear that this t cv. ant must have had a very extraordinary effect tipon Mr. Mathews, and must. somewhat have dazed his imagination, for in ■writing home to one of his friends, ho says -that the prices to the house were raised to :7s. 6d., leaving his readers to infer ,that those were the prices for all parts of the Louse. He also tells •us that ho came in the Wonga Wonga, winch lie in rornis his readers is tho Maori term for" Flying Pigeon." It may be, but we were always under the impression that: "Wfln»a Wonga" was an A-ustralian word. Mr. Mathews, however, has put me right on this subject. And then he tells us that having arrived one night by the Wonga Wonga, ho left Auckland the next day in the Moses Taylor, or the "Boiling Moses," whereas the fact is that the Moses Taylor lias never been hire; aud 'that Mr. Mathews left, as he arrived, in the Wonga Wonga. These few lines have been suggested to me by the comedy of "Used Up." When I read Mr. Matthews letter m the Australasian, it struck' me that if his general reminiscences were as accurate as those in reference to Auckland—the steamer, &c.~ that a book of travels published by tlie fine old comedian would be valuable as a work of reference. Had it been some men who had been writing i D this style, instead of Mr. Matthews, I might have put it down to what Eoucicault calls " a confusion of mixed drinks ;" but being Mr. Matthews, 1 can only suppose that it wa,s a confusionof ideas generally in regard to the place* ! which he had hurriedlyVisitecl. J ■*- ; And so we really are to have a Kilted i Company at last. The Governor has accepted tliein, and, they haya..b©en sworn m by the noble Sc6tcli.Captairi;"the Hon. Charles Taylor. What a pity though tliat they must wait so long before they can get their kilts out from home. What charms will a church parade or fiffiarch i out possess for them, when thSirlower limbs must remain encased for the next six months to come in breeches. But when their kilts do arrive, what a galaxy .of physical beauty will they present—especially about tho knee joints—and how ! they will astonish some people. The ■ ■uniform will no doubt be a great .comfort jtd meu used to trousers} all ffieiY lives; ■.but then what will not they give in the j Host Gherkins said, what he no doubt .considered a very smart thing, the other

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

His Honoe sat this morning for the purpo»« of delivering judgment in two important gold i mining cases. John O'Q-boats Qoid Mining Compahi lXr t.- '»«—-i»ccs""tor"tne plaintifft, ;Mr. Hesketh for.thedefendant.—Tins-was an.application to re-instate a cause; in the 3ist i which had been struck out on the motion of !tke defendant's counsel, in consequence of the 'authority to appear produced by the plain-, ■ tiff's counsel not being sufficient. Tbe question was Whether a corporate body, appearing by. counsel in Court, must authorise their solicit '- tor or counsel by; the impression of their seal. jlt was argued that two directors could gifiS) ; authority to their manager, one or more could j ehter into large transactions on behalf of the' company. The rule of the Court, however,!, provided that a counsel appearing for a plaintiff must produce authority in 'writing. His Honor held that-tbe rules laid dptrn j for the conduct and guidance .of its practice must supersede the authority cUcl. It Was i clear that tho Court must abide by its own rule.—His Honor gave judgment for tlie plaintiff, and coat?.>_ ,x v | t \ a P Hazelbank""Gold"Minincl" Company r. Ckosbib AND Otuer<.—This, was a,n applies^? lion for a rule directed to Captain James Skene, official liquidator of the above company, directing him to give up to the official auditor of the affairs of gold mining cpn^p«nieg l^n.the; course of " winding-up," all book?, papers, moneys, &c, in his -possession, on the ground that he had committed what was alleged by the plaintiff to be a fraud ngainst the company. The facts of this case are published in the report of the proceedings taken on Monday, last. The alleged fraud was'that CaptaUi Skene omitted to place in the Jist of contn* butorios the names of fifteen personij bat he said, while admittiug tbe fact, that fchd defendant Crosbio had paid the whole of the charges upon which these persons were liable to the company, and therefore there had been n 6 fraud.—His Honor said that Crosbio appeared to be tbe largest creditor of the company, ami having provided for the payments for tlie' shares for wbioh. these persons were liable, tho company could not be damnified. Tho offioial auditor was perfectly; satisfied with tho accounts. Tho chargo was general, not specific, for it appeared that no loss had.accrued to the estate from what had beon described as- o fraudulent proceeding, But, on-.tho other hand, the conduct of Captain Skeno was admitted to be irregular. These names should have been placed upon tho list of cdntrlbutories. But there did not appear to: be toy | fraudulent wrong done to the company..•• He : did not think, upon the evidence supplied to the Court, and looking at the affidavit of the official auditor, tnat he would be justified inmaking the order asked for. He must, therefore, dismiss the application, but not . costs. Captain Skene having admitted L^'V, :his error was a serious onu, each party rP"'* i pay their own costs. " J-\ ' "M:"