MAGISTERIAL

Patea Mail, Volume VIII, Issue 965, 29 November 1882, Page 3

MAGISTERIAL

PATE A—YESTERDAY. (Before C. A. Wray, Esq,, R.M.) A CURIOUS CASE. R. Horner v. G. Beamish.— This was an application made by the Chairman of the Patea County Council for an order to compel defendant to account for ceitain monies alleged to have been received by him as Collector of the dog tax for the County .Council. Mr Barton appeared for the plaintiff. The Clerk read over the charge as follows : George Beamish, publican Patea : You are charged with having monies in your possession collected by you on account of and for “ the Chairman, Councillors and inhabitants of the Patea and failed to give to the Treasurer of that body a list of such monies, the seventh day of November, 1882 being tbe day for that purpose appointed and directed by the Council of the said County of Patea. Defendant pleaded not guilty, and asked for an adjournment for the purpose of subptening witnesses. The Magistrate : Why did you not do that before ? Defendant : I had not time. The Magistrate : When was the summons served ? Clerk : Nov. 22nd. Magistrate : You' have had six days to procure your witnesses. Do you want this case adjourned or both ? Defendant : Both. . Mr Barton : I have no objection to the other case being adjourned, but I think this ought to be gone on with. The Magistrate : There are no grounds for an adjournment. He has had six days to prepare. •„ Defendant : I want the advice of Counsel. Both cases are connected. The Magistrate : There is no necessity for adjourning, and we will go on with it.

Mr Barton said that the complaint was laid under Sections 117 and 110 of the Counties Act, which provides that every collector of rates, rents, tolls, or any monies belonging to the County shall pay all monies into the Bank, and that every such collector, or other person, shall give a list to the Treasurer, showing by whom the amounts were paid. Defendant collected the dog tax for the County and it was his duty to pay the money into the Baibk, and give the Treasurer a list of same. Section 124 provided that if any person failed to render an account or to deliver up the money he had collected, any two Justices of the Peace might order that he should render such account, or in default receive six months imprisonment. Mr Beamish had failed to deliver his account to the Treasurer at the time appointed, and therefore the complaint was laid that an order may be obtained . or that he may be punished. He called ■ George Harden : I am an engineer and have been acting Clerk and Treasurer to the Patea County Council. I know the minute book produced. On page 299 there is a resolution moved by Cr Bridge and seconded by Cr Horner that tenders he invited for collecting the dog tax between Waverley and Manutahi. I was acting as Clerk and Treasurer till last month. I have received no monies from Mr Beamish on account of the dog tax nor any account of monies received by him. I have seen the book (produced), I took it from the safe and handed it to Mr Barton ?. short while ago. I have seen it. previously, -•~ J ! Mr Barton : I served Mr Beamish with a notice to produce a letter. Mr Beamish : It is here. (He then handed the letter to Mr Barton, who passed it on to witness.) Examination continued : At a meeting on Nov. 1, 1882, it was moved by Cr Horner, seconded by Cr Bridge, and resolved : “1, That Mr George Beamish, of Patea, publican, do on or before the sixth vay of November, 1882, pay into the Bank of New Zealand at Patea, to the credit of the Patea County Council, all moneys he has received belonging to or on account of the Chairman, Council, and inhabitants of the Patea County,

“2. That Mr George Beamish, of Patea ( publican, do on or before the seventh day November, lbß2, give to the Treasurer of the County a list of all moneys collected by him and belonging to the Chairman, Councillors, and inhabitants of Patea County, showing by whom they were paid, and accompanied by the receipt of the Bank of New Zealand for such monies. “ 3. That Mr George Beamish, of Patea, publican, do on or before the seventh day of November, 1882, deliver up to the Treasurer pf the Patea County Council (who is hereby authorised to receive the same) all dog collars or badges in his possession unissued, belonging to the Chairman, Councillors, and inhabitants of the Patea County.” The letter produced is in my handwriting. It is dated County Council office, Nov. l r 1882, and sealed with the County seal, as follows: “To Mr G. Beamish, publican, Patea : I have the honour to forward copy of resolutions passed this day, and have to request that you will comply with them.” (Resolutions follow.) On Oct. 4th, 1882, it was moved by Cr Bridge, and seconded by Cr Horner, that Mr G. Harden be appointed Treasurer from this date ; and at the Council meeting on Nov. 1, 1882, it was resolved on the moiion of Cr Bridge, seconded by Cr Horner, “ That in order to remove any doubt of Mr G. Harden’s appointment as clerk, this Committee appoint Mr George Harden, the appointment to terminate on the 2nd instant.” I handed the letter conveying the resolutions, of the Council to Mr Beamish on the evening of Nov. 1. The Magistrate .• When did defendant cease to collect the dog tas ?

V. i 1 ness : I, have n i lea. Mi Bain n ; 1 will shew a rcsn’ii ion <!• i. ing with that poii-n Witness (looking at minute book) ; On page 313 there is the following resolution passed at a meeting on Jii’y sth, 1882. Moved by Cr Wilson, and seconded by Or Foreman “ that the appointment of Mr Beamish as dog-tax Collector to the County Council be cancelled from this date.” The Magistrate : Then on Sept. 30 he was not collector. Mr Barton : No ; but holding monies your Worship. Witness, in reply to the Bench, said that ho presumed Mr Beamish had no authority to collect after July 6. Defendant said he had no question to ask. Robert McAlister: I am Provincial District Auditor. I know the book produced, I last saw it three or four weeks ago in the office of the County Council, Patea. I got it from Mr Beamish. I found certain revenues collected belonging to the County Council had not been accounted for, and I went and saw Mr Beamish. I asked him to supply an account showing what money had been collected by him on the dog tax. He then supplied the book, stating that another account had been lost or could not be obtained then, but that this book contained some of it. Subsequently I called upon Mr Beamish to pay in all revenues which had been collected oh account of the County Council. I did so both verbally and in writing. He did not render me any further account subsequently He did not account for the loss of the other book, but simply stated that it had been mislaid in removing from one place to another. He stated that he had paid part of • the money to Mr Black, County Treasurer. 'He did not show any book showing the payments to Black, and he ■ said lie had taken no receipt for the sums alleged to have been paid him. With regard to this book I understand that the amounts entered represent sums received for dog-tax by Mr Beamish. Mr Beamish : Did you not promise to hand me back tbe book for the purpose of enabling me to make a statement to the Council? Witness : Yes.

The Magistrate ; With regard to that question, do yon allege that not being able to get access to the book you were unable to make a statement. ■ Mr Beamish : Yes, your Worship. The Magistrate : That seems leasonable. If he has not had the opportunity he could not make the statement. To Witness; If you were allowed access to the book will you be able to supply what information is required by the Council ? Mr Beamish ; That is why I asked for the adjournment. Mr Barton ; I shall be glad to consent to an adjournment on that ground. The Magistrate : How long do j'ou want ? Mr Beamish : This day week. I have put the case in the hands of counsel but he was not able to attend. The Magistrate : Very well, it is adjourned until this day week but you understand you must be prepared then. ANOTHER CHARGE. The Magistrate : With regard to the other charge. You had better read it over. The Clerk read as follows : That George Beamish, of Patea, publican, being then a servant to the Chairman, Councillors, and inhabitants of the County of Patea, that is to say as a collector of dog-tax, did receive and take into his possession on account of the said Chairman, Councillors, and inhabitants of the County of Patea, the sum of five shillings ; and at divers other times, divers other sums of money, to the amount of £SO, and the same did feloniously and .fraudulently embezzle, contrajy to the form of .the statute in such case made and provided, and against the peace of £our Lady the Queen, her Crown and dignity. • Defendant applied for an adjournment till the same day as the other case. ‘ The request was granted, and the Court then rose.