Thursday, December 19th.
DETJNK AND DISOBDERLY. Win, Pitikerton was fined iOs for' this offence. BBEAClt OF 20WN AND COUNTBY POLICE
OltDINANCiE. SVederick Bicknell vraa fined 10a for allowin i two cows to wander within the limits of the town.
1ABCENT. Alexander Gibson, on remand, was charged Ttitli stealing and carrying away one doublefurrow plou»h and one dray of the value of £80, the property of C. L. C. Fenwick. Mr Julius for prosecution, Mr O'Meagher for the defence. The circumstances of this cases were somewhat peculiar. It Appeared from the evidence that the accused entered into a, contract With prosecutor to plough some 150 acrt« of land at 9s per acre, progress payments at the rate" of 6s per acre — balance to be paid on completion. After performing a portion of the contract he obtained from prosecutor an advance of L5Q, giving by way of security a sale note over a dray and double furrow plough, with the understanding that on the advance being covered by work performed the articles should revert to him. Delivery of the articles was never given to prosecutor. Subsequently accused, having performed about 60 to 65 acres of ploughing, took his plough to Messrs Reid and Ghray's for repairs, a\id told Mr Reid, of that firm, that there was some dispute about the ploughing contract, and he Would not be able to pay for the plough purchased from them, and would therefore leave it in their yard in the
had been guilty of larceny by disposing of them and appropriating the proceeds to his own benefit. A number of witnesses Were" examined for the prosecutioa — one only being called for the defence. Counsel for the accused contended that the sale-note with the superadded or collateral verbal understanding that the dray and plough should be given back to accused On performance of work to the amount advanced, did not vest the property in the dray and plough in question in the prosecutor; andasitwasneces- ' sary to support an indictment oft a charge of this nature that the property should be in the prosecutor" at the time of the alleged offence, a conviction could not be obtained. He also pointed out to the Court that there was no attempt at concealment on the part of his client, who had evidently no immoral intention. The Magistrate thought that although the circumstances surrounding the case did hot appear to be of A very grave nature, yet there was to some extent a prima facie case, and he felt it his duty to remit it to a higher Court. The prisoner would therefore Be committed to take his trial at the next sitting of the District Court. Bail would be reduced to two sureties in L35 instead, of L50 as at last remand.
ADJOUBNED MCENSINO MEETING. (Before Jaracs Hassell, A. M'Master, and J. Udall, Esq., J.t.'s. An application for a general license for the Royal Hotel, Maerewhenua, was preferred by Mr Julius on bolialf of James Craig. License granted.
(Before T. W. Parker, Esq. (Chairman), A. M'Master, J. Hassell, and J. Cdall, Esq., J.P.'s.) The application of Margaret Crawford for a general license for the Muheno Hotel was granted , subject to report from the Sergeant of Police before the end of the year of the completion of tho house. Mr Julius on behalf of Gilbert M'Nieol, applied for a licence for the Wheatsheaf Hotel, situate near Awamoa House. Application refused, the Bench considering tha f no necessity existed lor a house in this locality.
Permanent link to this item
https://paperspast.natlib.govt.nz/newspapers/NOT18721220.2.12.2
Bibliographic details
North Otago Times, Volume XVIII, Issue 792, 20 December 1872, Page 2
Word Count
583Thursday, December 19th. North Otago Times, Volume XVIII, Issue 792, 20 December 1872, Page 2
Using This Item
No known copyright (New Zealand)
To the best of the National Library of New Zealand’s knowledge, under New Zealand law, there is no copyright in this item in New Zealand.
You can copy this item, share it, and post it on a blog or website. It can be modified, remixed and built upon. It can be used commercially. If reproducing this item, it is helpful to include the source.
For further information please refer to the Copyright guide.