DISTRICT COURT.

Evening Star, Issue 3952, 25 October 1875, Page 2

DISTRICT COURT.

Monday, October 25. (Before his Honor Judge Bathgate.) Gore v. the Shag V alley Quartz-mining Company (Limited).—This was an application by James Gore, contractor, to have hia name struck off the company’s list of contributaries, on the grounds (I) that ho never made application for any shares in the company, and (2) that he never became a shareholder. Mr .-tout appeared for plaintiff, and Ur Hovvorth for defendants—T, M. Wilkinson, formerly a director of, and now liquidator to the company, deposed that he never saw any written application from plaintiff. His name was placed on the books by the Hecrctaiy.— i’lamtitf, when asked, refused to pay calls, on the ground that he was not a shareholder. —Plaintiff stated that ho never was a shareholder in the company ; that he never applied for shares ; that lie never paid money to the company ; and that he never authorised any person to put Ins name on the list of contributaries. —By Mr Howorth : Witness hart received notices of calls, but always destroyed them. On one occasion he told Mr Ball, the manager, that it was uncles to continue sending such notices, as he repudiated being a shareholder. He swore distinctly that Mr Ball never had any authority to place his name on the roll—His Worship, in delivering judgment, said that the company was in process of liquidation, a liquidator having be. n appointed iu I lie person 01 hlr Wilkinson. In the discharge oi his duties the liquidator applied to the Court under the Act to get lac hsc of contributaries settled ; tint was duly done, and the list made up from the register of shareholders harmed to the liquidator by tin storoiaiyto tire company. In the register of share.-, appeared, "James Gore, of Dmmdin, twiuty shares,” and accordingly, after the list was settiecl, air order was pronounced for the contributsrs to make payment. A notice was sent to " James Gore, builder, of Dunedin,” t» pay LCS. He (his Honor) thought lhat Urn rr isi.ry v,-;is not prom riy kept, and ■.! | tj-d gVo-r’id i'.r ! . • • j It .> i he n h;bt A-ulc hj:» ops*.mu ft , ,i: v - J couveaieaue of parties holding registers, irr I the register before the Court there were a uum-

b°r of Hunks. _ F» keld tkat in bo register o ;i public or joint, stock company should there be any blank, for the simple reason flint it opened the door to iraud, or an entry roighd; fee made at any time. The entry should ko made on the day that the transaction lock place, _ The Act did not prescrib* i that the register should be made in alpha . iietical order, so there win no roaao n to keep a number of blanks. Wh< ther or im ,t via; James Gore, builder, of Dunedin, was V he same .Dims G*re, Dunedin, on the register, he had no means of k. owing. But. podia tiff iinsweu'dto the note sent by the liquid-utor, and -■> pjjlifil that his name should be struolr off th« list. He came uP o ( V.irt, and that he l over applied to become u. shareholder, and n -ver authorised anyone to place his name on the list, in this he had established a primd facie case to warrant hie removal from the register ; it was open for the co mpany to show that applicant was the person mentioned in be register. The company could (rebut that jirima facie ta.se by producing tbn oiiginal allotment which must be signed before any allnun. nr c.ml i be made, or if he w<a< a trans/f«re.-, by produci ij the transfer. Vo all® » rb 1 •. video-* in; ! aiiplicr.tion h,ad h<»om I mane. "'iiUni oe. tig»ijnst ail sound p.rineu/>l®. ’ Die ;0*..; u . u.,sn'.-i .eimy m.,„no in wkiuh ' ti> • company's had been managed affair* liar ly I warranten the slightest fa lh biin,» pltuM*d in it.