RESIDENT MAGISTRATE'S COURT

Thames Star, Volume XV, Issue 4720, 22 February 1884, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY. (Before H. Kenrick, Esq., R.M.) CIVIL SIDE. JUDGMENT FOB PLAINTIFFS. T. J. Adams T.HobsonG.M.Co.—Claim, £11 8s 9d, for wages. Mr Lush appeared ! for plaintiff. Costs, £2 Is 6d. W. Adams v. Same.—Claim, £11 8a 9d. This case was similar to the last. Costs. £21s6d. Taipari v. Bell,—Claim, £5, for rent. Mr Miller for plaintiff. Costs, 17s 6d. Thames Newspaper Co. r. J. P. Cocks. —Claim, £1418s lid. Mr Miller appeared for the plaintiff Co. Costa, £1 9s 6d. Donnelly v. Graham.—Claim, £1 Is. wages.—The plaintiff swore that the amount was due as a share of retention money in respect of a contract taken by a party of which he was a member, but which he left, under agreement with the rest, before the contract was completed, and called two witnesses to corroborate his statement.—The defendant stated that he believed such an agreement was made belifeea some of the party, but not by

him, and after Donnelly left a man was put in his,place.—The plaintiff was nonsuiied.

The case of Forgie v. Griffiths was adjourned until next Court day at the request of Mr Miller, who appeared for the plaintiff.

The Hauiaki Engineers. T. AMLLETT Y. J. S. SMALL. Claim, £6, for a share of the assets of the late Hauraki Engineer Company. Mr Miller appeared for the plaintiff, and stated that he would produce Gazette showing disbandment of the corps. Section 28 and following sections provided that upon disbandment, the property of the corps could be" disposed of as resolved by the company, and a meeting was called by defendant, at which a resolution was passed that after paying the debts of the corps, the balance of the property of the company should be divided amongst the then members. Capt. Small would deny that plaintiff was a member, but his client would prove that he was a member. The men decided that the company should be wound up owing to the stringency of tho new regulations. The Captain wanted them to go on, but they refused, and wanted the property divided. The plaintiff was never lawfully discharged from the company, and remained a member of the company until its disbandment. The defendant admitted that the corps had existed, that he was captain, that it was disbanded in October, 1883, and that p, meeting of the Corps was held in November to decide on a division of the property of the company. John Grant, Drill Instructor, deposed that he was previously Adjutant for the Thames, and had copy of capitation and other returns connected with the Hauraki Engineers. The witness, acting under instructions from his officer, declined to produce these lists without authority. [The Bench ruled that the documents should be produced.] For 1880 the total capitation was £250; for 1881 the amount was £178 ; and for 1882, £171. J.S. Small, the defendant, sworn, stated that he was formerly Captain of the corps in . question. the meeting called after the company's disbandment for the distribution of funds. A minute passed at the meeting was to the effect that the band instruments be disposed of to the best advantage, that all outstanding accounts be collected, and any balance left after liquidating the liabilities of the company be divided amongst the members of the Co. This meeting was called at Lieut. Lucas' residence, and it was resolved by six members present to divide the property left between fourteen persons whom he considered were the only members of the company. Had no particular reason for not stating the place of the meeting in the advertisement calling it. It had not been held in the Volunteer Hall because the gas had been cut off there. There are funds to dispose of after company's debts are paid. He produced the balance sheets of 1880, 1881, and 1882; balance to credit at the end of the last mentioned year was £37 11s 4d. Since the end of that year he had received £171 from the Government for capitation. (The case was adjourned until two o'clock for the production of certain account books) On resuming, the witness deposed that he had, with the consent of his fellowofficers, transferred £207 from the company's bank book to his own account for safety. He had received on behalf of the company since July, £35 for instruments sold, which he bad placed to his own account. He would be able to show all these amounts when a balance sheet was made up. He was still paying 2s 6d per week for the orderly room. The property which he still had was a shield, which cost the company £24, and a few fifes and old clothes, worth probably £3. The actual balance remaining to the company's credit was £132 9s ], but he had not made up the accounts because it was not settled who would be entitled to a division of the money. His Worship said it seemed to him that defendant had not complied with the Volunteer regulations in not keeping an annual account of the Company's finances. It seemed to him an extraordinary thing that an ex-captain should have placed the Company's money to bis own account, even though he did so with the consent of his brother-officers. Examination continued—He proposed to divide the money among 14 members, as he considered they were the only members at the time of the disbandment. Under 2 he contended that all the members should have been sworn under the new regulations; this the remainder of the old members had refused to do. They also declined t j be re enrolled, and forfeited their membership because they had not attended the parades. They were on the roll on Dec. 31st, 1882, and as they declined to serve under the new regulations, he struck their names off. The corps was disbanded for being under the minimum, and had the men been members that could not have been done. He acknowledged that if the men came under the new regulations he had no authority to strike them pffV The Act did. not provide for cases like the present, but Jt was a custom for captains of volunteer oorps, to strike off men like he had done. He produced a telegram from the late Major Withers stating that men who were serving under the new regulations must be re-sworn. That was his authority. : [Left Sitting,] ,