Monday, June 6.

Tuapeka Times, Volume III, Issue 122, 9 June 1870, Page 5

Monday, June 6.

(Before W. L. Simpson, Esq., R.M., and Alex. Stewart, Esq., J.P.) CHARGE OP EMBEZZLEMENT.

Frederick Lange was brought before the Bench charged with having embezzled certaiu moneys belonging to the Corporation.

The police stated that as the prisoner was taken into custody late on Saturday night, they would apply for a remand to enable them to look into the matter.

The request was granted, and the matter remanded till Wednesday.

WEDNESDAy, June 8. (Before the same Magistrates.)

Frederick Lange was brought before the Bench, on remand, charged with having appropriated money, the property of the Municipality of Lawrence, to his own use, as follows :— Liston, £3 65. ; Harris, £3 155. ; Taylor, £1.

Mr. Gooday appeared for the Corporation and said that on the occasion he merely wanted to give sufficient evidence to enable him to get a further remand.

William Hays being sworn said— l am Town Clerk of Lawrence. Mr. Lange was appointed on 4th of August last. (He produced minute book of the Corporation which contains the following) : — " Air. Lange was duly appointed as rate collector for the Municipality for the ensuing year, at the rate of 4| per cent, commission." The minutes "were duly signed. Notice was given to prisoner. His duty was to collect the rates, and pay them into the Bank of N.S.W. [Here the learned counsel referred to "Roscoe on Evidences," where the servant of a corporation was liable for embezzlement although the minutes were not signed.] His duty also was to give me slips of the amount paid into the Bank. The slip produced is in the prisoner's handwriting. He handed the same to me. The receipt produced is the authorised receipt for the Corporation rates. I believe the signature to same is in the prisoner's handwriting, I never received from prisoner a list where the name of Taylor appeared as having paid £1.

Different lists were produced, and witness identified them as being in the prisoner's handwriting. They were handed to him by the prisoner. Another receipt was produced in the handwriting of the prisoner, and signed by him. The several amounts on said lists were paid into the Bank on January 12, and subsequent dates.

Two other accounts produced to witness were handed to him by the prisoner as representing payment to the Bank. The Corporation cash books being produced, the witness stated that all credits were entered in the books from the slips. The bank pass-book was produced, and credit is given for the various slips produced, as follows :—lst.: — Ist. £40 ; 2nd. £39 ; 3rd. £36 19s. 9d. ; 4th. £23 7s. ; sth. £12 ; 6th. £L 2 4s. 6d. ; 7th. £22 15s. 9d. (this slip was not produced) ; Bth. £29 9s. 3d. Liston's payment of £3 6s. is not found in any of the slips produced. By M unicipal Act, 1865, clause 95, it is the duty of the collector to pay all moneys into the bank within 48 hours after receiving payment.

Here the learned counsel stated that he did not wish to go further into the case, and the prisoner having no objection- to an adjournment, the further hearing was adjourned until next Monday.