A DEFUNGT UNION

NZ Truth, Issue 72, 8 December 1906, Page 5

A DEFUNGT UNION

WANTS ITS MONEY BACK From a Dishonest Secretary. Union Wanted Secretary Gaoled by Civil Procedure. One matter upon which judicial administrators are very firm is that they decline to allow the criminal law machinery to be set m motion where civil procedure will suffice.; On the other hand -magistrates df.- • cli-ne to send to gaol men and women by civil process where the necessary power is supplied by the criminal law. An illustration of an apparent wrongful use of the law oaine uncle c notice m the civil business m the S.M.s Court on -Tuesday morning last, and Magistrate McArthur, rather than send a man to gaol, adjourned the matter for two months, m order that money, dishonestly obtained, or part of it, at any rate,, might be refunded. This was m the judgment summons, case of the Wellington Letterpress^ etc., Union versus Frederick V.; Bollard who had occupied the posit" ion of secretary to that Union. The sum claimed from Bollard was £27) 13s. A verdict for that amount had! been given against him, but Bollard! .is down m the world, and blood can-< not be got out of a stone, no matter if tapped with a magical blue papeu wand. Mr Hindmarsh represented the, Union, which to all intent and purpose is now as dead, as a -door nail* and prior to the debtor offer*' r himself up for examination, he (Mr, Hindmarsh) told the magistrate that" the sum involved had been obtained by Bollard by fraud and dishonest practices. The money had been owing for over two years, and! frequent opportunities had been given* him to make som^ arrangements to refund, bait he had been very careless m the'matter. The Union had refrained from instituting; criminal proceedings against him and as fraud could be proved he asked the magistrate to , make an order against the debtor, no matter whether he could support his family or not. Questionino- the debtor, Mr I-lind- ' marsh elicited the facts that he had acqjuired money—the funds of the Wellington Letterpress Union—and had not accounted for that money.. He, however, complained that theUnion had not given hini every oppor-i tunity to make restitution. Mr Hindmarsh : Have you not acted dishonestly ?—No, I have not. Bollard went •on to say that the Union was practically defunct. He admitted owing the money and he was not able to pay it. At times he was the Union himself. Members never turned ura at the meetings. Mr Hindmarsh : In your own family, matters you have not acted properly ? Dr. McArthur here intervened and prevented this line of cross-examina-tion and went on to say that it was a peculiar proceeding to take against the man. ' Why were not criminal proceedings taken ? Civil proceedings were taken instead, and he was then asked to send the man to gaol. Bollard said that during. the last two years he had not earned £100. Dr. McArthur : The man swears he has not earned £100 m two 3-ears, and you want rii>e to make an order against him. It's only another way, of puttin" the man into gaol. Your people ought to have taken the proper action. Bollard : There was no Union at the time. Mr Hindmarsh : All they want is their money. Dr. McArthur :' Now they ■want me to make an order forcing this man into gaol. Mr Hindmarsh : You have the power. Dr McArthur : I know I have. Mr Hindmarsh said that the Act provided for it. The Bankruptcy Act also recognised money obtained by. fraud. The debtor admitted that he was , m employment, but though Mr Hindmarsh pressed for an order, the . magistrate adjourned the matter W\\ February 7 next, instructing Bollard to draw ur> an account of his earnings, and advising him to try and pay 'off some of the money owed m the meamtime. '