MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1209, 18 August 1911, Page 4

MAGISTRATE'S COURT.

ANNUAL COMPANY RETURNS. THE JUDGMENTS.' 1 NOMINAL' FINE IN EVERT CASE. Yesterday Mr. W". G. Riddell, S.M., delivered judgment in tho eases which had befn brought against several companies for failing to furnish the annual returns to the Registrar of Companies by the required date. Itis Worship dealt first with tho ease against the North Island Brewery ■ Co., Ltd. 'J'he company was charged with that, on January 11, it omitted to forward to the Registrar of Companies an annual list of members and a summary for tho year, 1910, giviivg tho particulars required by Section 101 of tho Companies Act, ISOS. That section enacts that every company, having a capital divided into shares shall, at least once in every year, make a list of all persons who are members of the company od tho fourteenth day succeeding the day on which tho ordinary general meeting is held, or, if there arc more ordinary general meetings than oro in each year, then on tho fourteenth day. sue- - , ce&diHg -. the day on which the first meeting is held. Tho list shall state (he names, addresses, and occupations of all the members, and tho number

of ■ shares held by each member, and eliall contain a summary piVing other particulars required. The Jift and tho summary shall be completed and signed by the inn linger or tho secretary within seven days alter tho fourteenth,. and a copy shall forthwith be sent to tho Registrar.

His Worship, in giving- judgment, remarked, inter alia, that tho secretary of tho defendant company, in an affidavit as to the reasons why such a return had not' been made, had stated that ho waa well aware of the provisions of Section 101 of the Act, but it had been impossible to send a return owing to 110 meeting having been held in I'JlO. His Worship referred to certain decisions ' from which he deduced that the company was bound t'o perform the condition precedent (hold tho meeting). . An extract from Park v. Lawton and others- (l'Jll, 1.K.8., SSB) was that the fact that 110 general meeting had been held during the year was 110 defence. Tho reasons put' forward by the defendants, added his Worship, could only affect the quantum of penalty. Neither the North Island Brewery Company nor Nelson, Moate, and Co. had held meetings during the year, but each had taken certain steps to comply wilh the Act, which steps failed. Those 'facts had to be considered as a ground for imposing only a. nominal penalty. Tho cases of the l'atea Shipping Company and the Rakanui Hall Company were somewhat dili'erent. Each of these companies had held a. meeting during the year 1910, but had held these meetings uft«r December 17, so that' it, had been impossible to make out a list of members in that year on the fourteenth day after the annual meeting. Those companies had, however, hold meetings within a few days after December 17 and had forwarded Jists and statements which would have been sufficient if their meetings had been bold at the proper time. In view of tho facts nominal penalties were made. Each defendant was fined Is., and (Court costs ?a. FELL OVERBOARD. CLAIM AGAINST FERRY COMPANX.

(Before Dr. M'Arfliur, S.M.j

Frank Victor Blandford, of the firo insurance branch of the Ocean Accident 111suranco Company, sued tho Wellington Harbour Ferries Company, Limited, as owners of tho Admiral.

In the statement of claim plaintiff set forth that ivhilo travelling between Kona Bay and Day's Bay, the defendants (by their servants' negligence) left the ships railing open, and as a result thereof he fell overboard. Ho claimed as special damages A'2B 18s„ mado up as follows:— Cost, of suit of clothes, ,£G 65.; Iwots, JCI 55.; watch, .£1 12s. 6(1.; overcoat, c CS ; camera, ,£7; hat, 7s. 6(1.; and medical expenses, «E7 7s. He further claimed ,£l5O 011 account of shock and damage to health. Mr. Meredith represented tho plaintiff and Mr. Hislop the defendant. 111 hfs evidence the plaintiff stated that on July 15 ho left by the Admiral—tho last boat for Day's Bay, sailing from Wellington at 11 p.m. He had two Indies with him. There were no deck lights at the time. The electric light on the funnel was not lighted. When the boat was closo to the wharf at Day's Bay ho was talking to tho captain, who "remarked that it appeared that 110 one had come down to meet the boat. He (Blandford) put his arm up to rest it on the railing, and look across to the wharf, in an endeavour to see if anyone was there. As there was, in fact, no railing, ho fell overboard. lie had an overcoat 011, a dressing-ease in one hand, a.nd a camera and a tripod 111 the other hand. He received bruises, had since experienced sever© headaches, deafness in 0110 ear, weakness in the eyes, pains in the back, and sleoplefsness, had not been able to work satisfactorily, and had been ordered by a doctor to take a holiday. Ho was a member of a professional orchestra, and had (in consenuenco of tho occurrence) been physically unfit to fulfil engagements. Evidence was givan by Dr. Fallc, who attended plaintiff, and - the case then adjourned. • DEBT CAPES. ■ I:i the ■ following cases judgment was given for the plaintiffs by default:— Thos. Horton, Ltd., v. Jns. M'Keuzie, ■£13 Is., costs £1 10s. Gd.; E. W. Mills and Co., Ltd., v. Fredk. Edgar," .Si 1 ) Ilk. 3d., costs .£2 lis.; A. W. Estall and 11. L. Peed v. Delia Walsli, .£2 10s. fid., costs lis.; Wellington"'Publishing Co., Ltd., v.. Smyth and Co., £2, costs 55.; W, G. Wholesale Manufacturing Co., Ltd.. v. Eobert Henry, Si 155., costs 10s.; Levin and Co., Ltd., v, D. Roe, Jill 7s. lid;, costs .£1 16s. 6d.; James Smith, Ltd., v. Robert F. Crosbie, £2 10s. Sd., costs 10s.; James Smith, Ltd., v. Mrs. Emilv Svrnons, oCI 12s. 5r1., costs 65.; same v. E. E, Mortimer, .21, costs.-. 55.; H. Heimaiin y. J. Jepson, ,£1 14s. 7d„ costs 55.; J. Beve- • ridge v. M. Paramor, £12 Is., costs .£1 10s. Gd.; Prouse Lumber, Ltd., y, A. H Martin, S3, costs 10s.; Findlay, Dalziell and Co. v. Makerua Estate Co., Ltd., £98 is. id., costs £i IDs. jAlfrod Barber v. W. V. Weaver, £2 155., costs 55.; Donald Kobertson v. Vernon Stacy, 25 15s. 5d., costs £2 16s. Gd.; W. N. Nash v. George Osboime, £8 15s. 7d., costs £1 3s. Gd. J. Brondic-s was ordered to pay Chas. H. Iving by weekly instalments of Jfirkwoodwas ordered to pay JL'3 16s. 3d. to the Wellington Gas Company 011 or Wore August 31, in default!three days imprisonment. No order was made in the following cnscs: \Y. A. Smith v. Goorgo Smith a claini\for .£25 165., and J. Ballant'yne and Co. v. M. Livingstone, £0 6s. sd. | POLICE CASES. NO TICKET ON ULIMAROA. (Before Mr. W. G. Riddell, S.M.) George Innes was charged with having travelled 011 the Ulimaroa between Sydney and Wellington without having paid a fare. He was fined £i, the amount of the fare, which money is to bo handed to the Huddart, Parker Company. William Halst was fined 10s. for inebriation. William Anderson was fir.ed £2 for breaking his prohibition order.