DISTRICT COURT, REEFTON.

Inangahua Times, Volume III, Issue 6, 22 January 1877, Page 2

DISTRICT COURT, REEFTON.

Thuesday, Ja^oart 13th, IS//. (Before His Honor Judge 'Westos.) Ec Julitts Togel Company. Mr Pitt cpplied fcr an order settling the list cf contributories. Mr Staite appeared to oppose ou behalf of A, IX Bayfeild, a contributory, The cfl.se had been partly gone into on the prsceding clay and adjourned, r,nd was re-openc:!. Mr Staite said that the affidavits had already been read 8 una it was therefore not necessary to do more than call supplementary evidence. Mr Pitt, said he would not trouble the Court by going into the authorities previously quoted. The principle enun^_ ciated yesterday by his Honor governed the present case, and he would tb?r,efore confine himself to matters of fact, His Honor: Arc your witnesses in attendance f All except the lsgal manager cf the company. His .Honor; L, 1 his evidence essential, Don't force the case if it is. Mr Pitt could hardy say at that stage of the case. His Honor; You know, Mr Pitt, I do not want the principle I have laid down iv thesa rtjHtters to bo abused, Let the case proceed. William M'Lenn : I am Liquidator appointed on this company. I hare road Mr Bayfeild's affidavit, and also that of Mr M'Shain, I produce the share regis. ter of the company, The entries in the register trere catered before i. wa 1 : ap~ pointed , I find on the 4th Mr.y two transfers, one frcai Bayfeild to .A, M'Shain of £00 rhores, and one from Curnir.gs to M'Shain of 1000 shares, About the 25th October I accident ly met M'Shain at my off.cc door. Davis was present- I asked M'Shain how he pur<posed to pay the calls on the ISOO shares in tLe Julius Yogel Company, and he told me they were act his, and I a^ked him how he got them, and he told me that the 1500 shares which he held were taken by him as a dummy, arid that at the time ha took them he was not Tsorth anything, I requested my clerk to note down in the register what M ! Shain had said, and he did so. About Monday last Mrßayfeiid called upon me, .arid asked mo if M'Shnin had said he had taken his ('Dayfeild'b) shares a" a dummy. I said' he did not particularise Mr Bcyfsild, but mentioned 1500 shares, and there were no others on the register, I then saw M'Shain, and asked him if he recollected what lie had fold ms 01; the 25f.1i October, * and he said hs thought he did, but that he i had bought Mr Bay fei ld's shares, but took Cumings's aa a dumoay. "i asked him if he bought shares on the one day, and on the same day took shares as a dummy, at*d he said he did and would. I asked him if he would swear to that fact, and ho said he would swear to anything, ' M'Shain is a man of straw, as only a fevr months previously hs had called a teect* ing of his creditors. His Honor; Is it fair thni we should accept this evidence in the absence of M'Shain. Should ho not have been summoned ? Examination continued : I should have had M'Shain in attendance, but he haviag said that he K-ould swear to anything 1 considered it useless to do so, Cross-examinerl : I produce the two transfers referred to, Have not made inquiries as to the dates of the respective transfers. One of the trasnfurs is undr.icd. Mr Bayfeild's name appears first on tiia register. It is possible the two . entries' t:.lj have bern made on the iarc« < date iv Ihorogisier, tlioußh the Irai.sfers , have bi-eri rftV-cted at different dates, ; M'Shain said ho was in a position to show Jhat the transfer of Mr Bayfeild was effectpd thrfe weeks [.r.-ivious to that of ; Caming 1^ to 'M'.Suaiii. Examination continued: Have- read the affi'i.iviis ma'io by lit Buyfoild. 1 am ' „,-,t ;-.)•!• :"-rd to say that UayibiUl did not ( >,:!! f- M'L'fin i.iroj, 1 dl not fi-h the ' i.".forwii'.io!i out of M'Shain, He g^r? '/■ | ]

I to me voluntarily. ! After qeariog the evidence, his Honor j ordered Mr Bayfeild's name tc be re--1 moved from the register, I .«--.j™- j 1 ■' - 1 ' mm