AUCTIONEER FINED £25

Dominion, Volume 21, Issue 117, 15 February 1928, Page 3

AUCTIONEER FINED £25

FRAUDULENTLY OMITS TO PAY 4 John Meredith Pearson, an auctioneer, of Petone, was charged in the Supreme Court yesterday, with fraudulently omitting to pay Arthur Janies Annandale the sum of .£125 os. Cd. He was alternatively charged with theft. The Chief Justice (Sir Charles Skerrett) was on the bench, Mr. P. S. K. Macassey (Crown Prosecutor) conducted the case for the Crown, and Mr. O. C. Mazengarb appeared for accused.

It was stated by Mr. Macassey that the money was due to Messrs. Leicester, Jowett, and Rainey, who were acting as attorneys (under power of attorney) for Annandale, who had left f° r England, being the amount received for the sale of a house and furniture, less commission. 'J’iie total proceeds from the sale wore .£l6l 10s. 9d. Though the sale took place on October 20 last, the attorneys could not get a statement of accounts until November 11. On that date they also received a cheque for <£l2s os. 6d., which was dishonoured at the bank. Two charges under the Auctioneers Act were brought against accused, and a Magistrate fined him <£s on each. Mr. Macassev also stated that the money had been paid into Court when the preliminary hearing of the present, charge had begun in lhe Magistrate’s Court. Mr. Mazengarb said it was the practice of Pearson to sell on credit. Ke was not charged with a technical breach of the Act. but with theft, and a conviction would jeopardise his chances of obtaining a license as an auctioneer.. It was admitted that Pearson’s dealings were irregular, but they were nothing more. , The jury retired at 3.35 p.m., and returned at 4.45 with a verdict of guilty on the first count and a recommendation of a fine or probation. Pearson was fined <£2s and ordered to pay the costs of prosecution, in default six months imprisonment. Two months were allowed him to find the money.