RESIDENT MAGISTRATE'S COURT.

New Zealand Times, Volume XXX, Issue 4499, 21 August 1875, Page 2

RESIDENT MAGISTRATE'S COURT.

Friday, August 20. (Before J. C. Crawford, Esq., R.M.)

Wellington Co-operative Baking Society in liquidation v. S. Parks, claim £3 15s. ; do. v. C. White, claim .-£4 15s. 2d. ; do. v. Buck, claim £5; do. v. Sam Howard, claim £2 Bs. 7d. Mr. Allan appeared for plaintiffs; Mr. Buckley for the defendants. Mr. Buckley contended that this society was registered under the Mutual Provident Societies Act, but had not been gazetted until August 14, 1875, and \mtil such society was gazetted it was not completely registered. The summonses had been issued in July, consequently the society had no legal status in the cases before the Court. Further, the rules of the society state that at least two-thirds of the members shall be present at a meeting called to liquidate the society; there was no such meeting called. Some time back there was one called for a special purpose ; but this purpose was ignored, in direct contradiction of the said rules, which state that at any special meeting only that business for which it was called shall be transacted, and no more. Furthermore, there was not present at that meeting the requisite number of members, consequently this society was not legally in liquidation, and the liquidators were not entitled to recover. He would call a witness who would substantiate what he had said.

J. Glasseii was then called, and deposed that he was secretary to the society when the abovementioned meeting was called. It was not called for the purpose of liquidation. There were only some eight or nine members present. By Mr. Allan : He did not count them. Sir. Allan contended that the society was legally registered, and could sue in their joint capacity. The question of liquidation was a matter for the shareholders to settle. This was altogether an immaterial point. His Worship adjourned the cases for a week to consider the points raised.