The Lyttelton Times. TUESDAY, JUNE 6, 1865.

Lyttelton Times, Volume XXIII, Issue 1409, 6 June 1865, Page 4

The Lyttelton Times. TUESDAY, JUNE 6, 1865.

If the law relating to the crime of obtaining goods under false pretences, as interpreted by th« Bench of Magistrates at Christchurch, the other day, be correct, it is surely high time that the very serious attention of the community be turned to the consideration of the matter. We refer to the case of a man named Collins, who was apprehended by the police, and brought before the magistrates on a charge of the above nature. It appeared that the accused had gone to a merchant in this city, and ordered a certain quantity of merchandise; he was told that he could not get them unless he paid cash, and thereupon he drew a cheque for the sum of £38 6s on the bank of New Zealand, at Kaiapoi ; and obtained the goods in question. It subsequently turned out that he had only the amount of £3 17s 2d standing at his credit; and that he had received positive instructions from the banker at Kaiapoi that any cheques drawn by him which might be calculated to overdraw his account would not be paid. On the same evening, after banking nours, he drew other cheques on the same bank to a largo amount, and obtained goods and cash for them. The case was brought before the Bench of Magistrates and dismissed. "We do not for one moment call in question the decision of the magistrates, but we think that there was at least a primA facie case to send to a jury. This has been evidenced by the fact that, upon an indictment being presented against Collins for the same case as was dismissed by the Bench, the Grand Jury have returned a true bill against him, and he is now awaiting his trial. The law relating to the crime of obtaining goods underfalse pretences is most embarassing ; and our readers may not think it out of place if we endeavour to illustrate the difficulties which lie in the way of obtaining a conviction under it> and at the same time show the ingredents which constitute the offence. The Act under which the indictments for this crime are laid is the 7th and Bth Geo. IV., cap. 29, which enacts, " That if any person shall, by any false pretence, obtain from any other person any chattel, money, or valuable security, with intent to cheat or defraud any person of the same, every such offender shall be guilty of a misdemeanor," &c. JSTow, it is quite clear from the different text-books on Criminal Law, that the pretence to induce the person to part with his goods or money need not be made in words ; and therefore, if a person hand another a cheque, purporting to be signed by himself, and drawn on a bank, even although he says nothing to induce the other to part with his property, or receive the cheque, he lends him to believe that he has money lying in the bank, and authority to draw-cheques thereon. If a person is induced to part with his property under such circumstances, the man drawing the cheque would undoubtedly be amenable to the law. There is a case of " The King v. Jackson," quoted in 3 Campbell's Reports, p. 370, which bears out this doctrine. Jackson went to a tradesman and bought goods, and, in payment, handed a cheque upon a bank ; he did not make any verbal statement with reference to the cheque, nor did he say he had any funds wherewith to meet the cheque. Ultimately the tradesman discovered that Jackson had no money at the bank, and had no account there ; and, .upon his being tried for the offence, he was convicted, and, on a case reserved, the judges held the conviction right. This case, on cursory observation, resembles that of Collins'; but upon close examination, it will be seen that the two cases differ. Jackson had no account at the bank, whereas Colling had a credit of £3 17s 2d to meet cheques to the amount of £200 or £300, being the amount for which he drew cheques, although he had no money; therefore it cannot be said -that he had no account at the bank. If the point at issue rested here, then it might be that the magistrates had some reason for dismissing the case. But on reference to the case of " The King v. Parker," reported in 7 Carrington and Payne's Reports, where the question was, whether a cheque was " drawn by a person having funds in the bankers' hands, or having a right to draw mch cheque," we find that the jury convicted the prisoner, and, on the case being reserved, the judges, by a large majority, held the conviction right. Now, there is a great similarity between this case and Collinj'; and we think the magistrates would have done well to send the case to a higher Court, to determine whether Collins had a right to draw a cheque for the amount of £38 6s, having only £3 17s 2d at his credit, and after receiving positive instructions from his banker that if he overdrew his account his cheques would not be honoured. If such a case is not within the meaning of the statute, then the sooner the attention of the Legislature is directed to the matter the better. However, it remains to be seen what construction his Honor puts upon the case when it comes before him at the next criminal sitting of the Supreme Court, when the charge against Collins will be tried.

We do not prejudge the case against the accused ; we have no right to condemu him before trial. But if the magistrates rightly laid down the law at the preliminary investigation, we must express our opinion that that law ought to be amended forthwith, for otherwise a wide field for fraud is open to any dishonest man. The latest news from the "West Coast will be found in another column. It comes down to the 27th of May, and reaches us by way of Nelson. We hope that the period of eight days which news now requires for travelling from Hokitika to Christchurch will shortly be diminished to at most one half by post, and to a .few minutes by telegraph. Some private correspondence which we have received from a reliable source is dated two days later than the public news, and contains aonie items of interest. Facilities for trade

had improved, bv the opening of one bonding warehouse; and several others were going up. This means, also, that the import duties on goods going to the Coast will be more largely collected at Hokitika, instead of being paid at the ports of other provinces. The weather had been beautiful and mild for a week, from the 22nd to the 28fch, a fine clear S. W. wind prevailing. The general wetness of the weather seems to be undeniable; but it is felt worse and more talked about on account of the prevailing forest absorbing and retaining damp for so long. The new rush up the Hokitika river, to the forks near the Kanieri lake, and bearing its name, had turned out exceedingly well. The claims were all paying, and consequently the diggers were doing well and very cheerful. Some deep sinking had been begun with great success. A township had sprung up in a fortnight at Kanieri, and about 2000 people were there and in the immediate neighbourhood. The scene is described as being wonderfully busy. All about the township the air was ringing with the sound of the woodman's axe and the rattle of the gold digger's cradle, interspersed with the frequent crash of falling trees. The Kanieri township (to which the name " Canary " is often applied) is about %\ miles above the town of Hokitika, and is approached by boat up the river. Cargo boats go up with great ease in spite of some sharp rapids, turns and snags. Passengers are carried by these boats in half-an-hour from Kanieri to Hokitika, for a fare of two shillings, but not without some risk on account of the snags. All through the district the timber is described as magnificent; and for forest country, now that a little experience is gained of it, the general opinion is that settlement will be by no means difficult. Already " daylight has been let into" the forest in a wonderful way, much to its advantage. The rivers are navigable for boats and canoes many miles up; they are numerous and not far apart; and access from one to another is generally gained with little difficulty over low saddles. Besides, along the coast lie a number of lagoons fit for boating, and divided from one another by low strips of land over which it would be easy to make portages. From the nature of the fields now opened up, it was expected tbat a new rush would set in soon; and many who had talked about leaving had given up the idea. A new field was reported on the 28th, about 37 miles to the southward, which must be near the Wanganui; and the accounts seemed to show that it was valuable. The export of gold, from the Ist of February to the end of May, has been about 40,000 ounces, worth nearly £170,000, exclusive of whatever amount may have been taken away surreptitiously. The import duties, from the 13th to the 27th May, were £1733, and the gold duty about £1200. The following is an estimate of the population at present on the goldfield, showing its disposition among the different diggings :— The Grey ... ... ... 300 Greenstone Creek ... ... 800 Waimea ... ... ... 2500 Hokitika ... ... ... 3000 Kanieri ... ... ... 2000 Totara ... ... ... ... 5000 Other places ... ... ... 900 Total ... ... ... 14,500 The general impression at Hokitika was that the pass discovered by Mr. Browning must be the one by which the best road for sheep and cattle to come into the district from the Eastern plains will be found. As the residents on the West Coast have the best knowledge of their side, which is the difficult one, the opinion just recorded is an, important one. The increasing value of the field, and the southern and inland tendency of tho new discoveries, are all in favour of the Bakaia route. We have said about this discovery all that we cau say; if we were to reiterate and enforce our suggestions to the Government, we might be accused of trying to bully the Secretary for Public Works. We trust he is disposed to estimate so central a route at its full value, and to leave no stone unturned for the establishment of the best possible communication between coast and coast. There is no interest in Canterbury that is not affected by this question ; and, judging by the accounts from the West Coast of the losses by shipwreck, our interest in the question is fully shared by the residents there.