RESIDENT MAGISTRATE'S COURT.

New Zealand Times, Volume XXX, Issue 4482, 31 July 1875, Page 3

RESIDENT MAGISTRATE'S COURT.

Friday, July 30. drunkenness and disorderly conduct. Alexander Smith, a recent arrival per Albion steamer, was convicted of the above offence and fined 55., or in default twenty-four hours' imprisonment. John Ferguson, who appeared to be very deaf, was convicted of a similar offence and fined 55., or twenty-four hours' imprisonment. CIVIL CASES. The Wellington Co-operative Baking Company sued the following persons for tho amounts attached to their names, being alleged balances due to the company on shares allotted to them:—F. Buck, £5; S. Parkes, £3 155.; S. Howard, £2 Bs. 7d.; C. White, £4 15s. 2d. Mr. Allan appeared on behalf of the company ; Mr. Buckley on'behalf of F. Buck; and Mr. Moorhousc for S. Howard and C. White. The first of the foregoing cases selected to be heard by the Bench was that of the Cooperative Baking Co. v. F. Buck. Charles Moody, late secretary to tho company, deposed that ten shares in the company were allotted to Buck, in March," 1874 ; that 50s. was paid on allotment, and that the defendant had paid another 50s. since. The price of the shares was £1 each, therefore there was a balance due to the company of £5.

By Mr. Buckley : The company is now being wound-up. He was not secretary at the time it was sought to wind-up the company. He could not say whether the legal conditions had been complied with. At the first meeting the names of the liquidators had been advertised. According to rule 6of the company's regulations if the calls on the shares were not paid they were liable to be forfeited. While secretary had posted twenty-two notices of calls on shares being due. Had posted one of these notices to the defendant. Struck the defendant's name off the list of shareholders, on account of non-payment of calls. The defendant offered to pay the money. The treasurer told witness he had better not take it. The conduct of witness in strickiug defendant's name off the list of shareholders was sustained by the company at their next meeting. Mr. Buckley contended on behalf of the defendant that it was very doubtful whether the company had ever been properly registered, and still more so whether the legal conditions for winding-up, imposed by the Joint Stock Companies Act, had been complied with. Mr. Allan contended that the company could sustain their claims now before the Court; and that if they failed to prove the legality of the winding-up, they could sue in their corporate capacity as a company. The Bench alljourned the case for a week. The ruling to apply to three remaining suits brought by the company. There were three other cases, two paid out of court, and one adjourned to the 16th August.