A COURT CASE

Hokitika Guardian, 15 March 1928, Page 3

A COURT CASE

SCHOOL COMMITTEE’S MONEY. At the .Magistrate’s Court this morning .Mr W. Aleldrum, S.M., heard the following ease:Canterbury Education Hoard (Air Eleoek) v. K. T. Sherrill', Airs Sherrill, Mr and Al,rs .Martin and G. Schroder i members of the Blue Spur School Committee.). claim for 225 11s 3d. Deleiidants claimed that the amount was lost by a fire that occurred at the Blue Spur Hotel, in which the money was kept by Mrs Shcrrilf, secretary to the School Committee. Matilda Sophia Shcrrilf deposed she was a member of flic Blue Spur School Committee lor 3 to 1 years, her husband flic same time. Mr Martin about one year. Mrs Klfridn Martin 3 to -I years, and George Schroder 3 or 4 years. She kept the school money in her own bedroom. Sim got it in quarterly payment.-.. Was never told to pay it into the hank. Had never lost trust moneys lie fore. Had never been fold by the Board's Secretary to bank the money. Wallace .Martin was Lite former secretary of the ( ommittee. lie banded over t In* moneys to w itness. A tiro toiil, place at their hotel in November, 192t>. Witness escaped with vital she stood up in. Nothing was saved Imm Iter room, the money being losi with her own personal belongings. His Worship stated that the School Commutee should have paid the moneys into a bank, in accordance with the statute. Witness stated that some six .tears tigo at Rtuttnpu when Mr Turner was burin out and lost L'fi, the Education Hoard did not as for repayment. His Worship said what happened in another place at a previous time was no evidence in this ease. Witness con filmed that the whole ol this money was lost, and her own as well. Site was the only person that handled the money. It was in her exclusive posession. I lie Committee met at irregular Intervals of t> weeks to two months. The minutes book was also lost. The balance sheet was drawn up by her husband and sent to t. hristchurelt for audit, George Schroder gave evidence he had been a member ot the Blue Spur School Committee lor four years. Ibe old Committee bail never been told to bank the money, lie remembered tiio night of the lire. lie believed that everything was burnt then, the Secrctarv was the person who took charge ol the money. Witness was now acting its ( ommissioner for the school. lie held the money he received from the Board at fiis home. He had now a balance ol 22 Is 3d. The old Committee only met about onto a year. The evidence on bohall ol the plaintiffs was taken at ( liristelinreh. Mrs Sherrill' recalled stated the book produced tame to band alter the tire. The previous ledger (which was burnt) contained the records lor about lilt> years. After counsel bad addressed the Bench, his Worship, in giving judgment. said that the Education Board w'a s suing live members ol the Blue Spar School Commit tee who hold ofliee in 192(1. During that year a tire took place in the house of the Chairman, and in that lire the moneys and books of the School Committee were lost. It was suggested by defendant’.- ( otlneil ,|,at. the ease should be decided on equity and not law. The Committee comprising the five dciendanfs had > el - tain defined duties to pertonn under the Education Art. Fndor the Art il is specially laid down that the moneys ol School Committees should be pbo-ed in a bank or Savings Bank. AA lam tin Committee came into oll'ire there was a sum of L‘2s in hand and further moneys of 215 ruining in during the year. The} knew that the ordinary expenditure for the year'is loss than 215 per y<«iv< Their statutory duly was to deposit, the mouev in a Lank or a savings hank. From the evident; ’be work <u Committee was carried on by thetTmii'man and .Secretary (Mr and Mrs Slter,i(f). It must be recognised that those mnnevs were trust moneys. It seemed absurd that such a sum of money ..hottlil he kept, loosely in possession ol tin. Secretary, and not be placed m a ,n,st account of a bank. Up constdcrod it was gross negligence to l.< <l* .neb a sum of money in a bouse over sue!, a long period. He did not thmk it was a ease whore he could give consideration to the defendants claim. would be given for phrnitills''agr.iost the five defendants lor the amount claimed with costs.