THIS DAY.
(Before W. Fbaser, Esq., R.M.)
BREACH OF THE FKIENDLY SOCIETIES ACT.
James Norton was charged on remand with having committed a breach of the above Act by having withheld certain money in his possession belonging to the Hibernian Australasian. Catholic Benefit Society while acting as Secretary to the said Society.
Mr Macdonald appeared in support of the prosecution ; Mr. Tyler for the defence.
Defendant pleaded not guilty. Mr. Tyler stated that the case had been adjourned from Wednesday last, on account of the absence of a material witness. Another information, had been laid at the time. He (M.r. Tyler) said at the time that he should require some fuller infortion than that given. It was merely said that defendant had received certain money for which he had not accounted. The information ought at least to have said from whom the money was obtained ; as it was ho (Mr. Tylei) had come into Court in a perfect state of blank as to what he had to do. The case was brought under summary jurisdiction, and there was to be a trial. If a person were to be tried for murder and convicted within a day, such an information would not tbe deemed sufficient.
Mr. Macdonald said he would ask to substitute the word member for officer.
His Worship said the amendment would make the objection of Mr. Tyler stronger. The officer was charged with having failed to account for certain money of which he as an officer was in possession, and he had to give an account of it, but with the member it was less definite, it did not appear what they were charged with.
With regard to the information required by Mr. Tyler, Mr. Macdonald said he ,had only obtained a list of the moneys himself yesterday evening. He then withdrew theinformationmade previously, and said that the substitution of the word member having been conceded, there was another matter in the information that required amendment, namely the name of the society under which the action was brought. In the information the society was called the Hibernian Australasian. Catholic Benefit Society, whereas it was incorporated as the Hibernian Atistra? Han Benefit Society. Mr. Macdonald said he did not see how he was to prove the Society. His Worship suggested that in the present case the plaintiff should make a settlement of accounts with defendant, and see when they obtained another officer that they would be in a better position to have a hold on him. Some more discussion ensued, but the difficulty presented in the informality being insurmountable, the case was adjourned until the 21st inst. Mr. Macdonald said as far as proving the case went there was no necessity to go further than the defendant's own writing. The Court then adjourned.
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https://paperspast.natlib.govt.nz/newspapers/THS18741114.2.10.1
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Thames Star, Volume VI, Issue 1831, 14 November 1874, Page 2
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464THIS DAY. Thames Star, Volume VI, Issue 1831, 14 November 1874, Page 2
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