Fix this text
DUN’S GAZETTE
Fix this textFOR NEW SOUTH WALES.
Fix this textVOL. Ill—NO. 10.
Fix this textMONDAY, MARCH 7, 1910.
Fix this text[Published Weekly and Daily.
Fix this textCREDIT OR CRIMEP
Fix this textThe question whether goods have been obtained
Fix this texton credit, which gives only a civil remedy, or
Fix this textby false pretence, which is criminally punish-
Fix this textable, is not always so simple as it seems. So,
Fix this textagain, it may be a nice point whether there has
Fix this textbeen fraud, which is a criminal matter, or
Fix this textmerely the incurring of a debt without having
Fix this textthe prospect of paying. These legal issues are
Fix this textof much practical importance, because a reck-
Fix this textless prosecution, where only civil proceedings
Fix this textwill lie, may cause the creditor some loss and
Fix this textliability. The decisions of the Court of Criminal
Fix this textAppeal, besides doing justice, are also often of
Fix this textmuch interest and instruction to men of business
Fix this textupon questions of this kind. A recent case of
Fix this textRex v. Jones is a good example of what we
Fix this textmean. This was an appeal by Jones against
Fix this texta conviction for larceny under these circum-
Fix this textstances. The appellant had asked a baker,
Fix this textnamed Rayner, to let him have bread in order
Fix this textthat he might sell it again to customers, stating
Fix this textthat he could not pay for it until he had got
Fix this textthe money by so selling it. He gave the baker
Fix this texthis name and address correctly, and also a
Fix this textgenuine reference, which the baker did not
Fix this texttrouble to verify. It was agreed that the ap-
Fix this textpellant should pay for the bread each evening-
Fix this textafter taking the bread round to his customers,
Fix this textbut he did not return with the money. When
Fix this textarrested, he said, “I am not the man,” and
Fix this textwhen asked to plead at the trial, he first said
Fix this text“guilty,” but, on the advice of the judge, he
Fix this textwithdrew this plea. He was convicted of lar-
Fix this textceny by the jury at Newington Sessions, and
Fix this textnow appealed from this conviction.
Fix this textIt was argued on his behalf that there was
Fix this textno evidence of larceny, as the prosecutor had
Fix this textparted with his bread voluntarily, and never
Fix this textintended or expected to see it again. It was, in
Fix this textfact, a sale of bread upon credit, to be paid
Fix this textfor as arranged. The prosecution argued that
Fix this textthe jury had looked at the case as a whole,
Fix this textincluding the prisoner’s conduct, and had de-
Fix this textcided that he had committed a crime. But the
Fix this textLord Chief Justice, in a very careful judgment,
Fix this textpointed out that it was very important that
Fix this textthe distinction should be kept clear between
Fix this texta civil remedy and a criminal offence, and that
Fix this textpeople should not be encouraged to treat civil
Fix this textclaims as criminal offences. It could not be
Fix this textsaid that this appellant had obtained the bread
Fix this textby a trick, for, if so, he would be guilty of
Fix this textlarceny. It was plain that he had told the
Fix this textbaker he could not pay for it until he sold it
Fix this textto his customers, and he had given a correct
Fix this textname and address, and a genuine reference.
Fix this textTherefore, prima facie, it was not a larceny.
Fix this textThe bread was really sold upon credit, although,
Fix this textfor some reason or other, the money was not
Fix this textpaid. The baker had had time to make
Fix this textenquiries of the reference if he had chosen to
Fix this textdo so. As to the prisoner’s false statement,
Fix this textand first plea of guilty, very likely he himself
Fix this textthoughf he had committed a criminal offence
Fix this textby not paying, but that did not affect the law
Fix this textupon this point. The Court considered it would
Fix this textnot be safe to allow the conviction to stand,
Fix this textand it must, therefore, be quashed. The merits
Fix this textof this transaction do not much matter, but
Fix this textthe principle involved is one of much import-
Fix this textance. There was no evidence of any criminal
Fix this textintention on the part of the prisoner, although
Fix this textno doubt, when charged, he thought he would
Fix this textbe convicted of stealing. In law, it was simply
Fix this texta sale of goods upon credit, without any false
Fix this textrepresentation of fact, and without any trick,
Fix this textso that there was no larceny, but merely a
Fix this textcivil claim for the debt, which could not be
Fix this textenforced criminally.—“ Scottish Law Courts
Fix this textRecord.”
Fix this textTenders
Fix this text• GOVERNMENT ARCHITECT
Fix this textAdditions and alterations to school and
Fix this textteacher’s residence, public school, Bolwarra.
Fix this textMarch 21.
Fix this textReplacing wooden storey posts and girders, sup-
Fix this textporting floor, with iron columns and steel
Fix this textgirders, Newington Asylum. March 21.
Fix this textAdditions to southern entrance Lodge, Uni-
Fix this textof tSydney. March 21.
Fix this textImprovements and repairs to public school,
Fix this textGoonellebah. March 29.
Fix this textRepairs, etc., to court-house, Albury. March 29.
Fix this textAdditions, alterations, etc., to school and
Fix this textteacher’s residence, public school, Longue-
Fix this textville. March 29.
Fix this textErection of new building, public school, Nfimbla.
Fix this textMarch 29.
Fix this textErection of new abattoirs at Homebush.
Fix this textMarch 29.
Fix this textErection of additions for Electrical Engineering
Fix this textDepartment, Sydney Technical College,
Fix this textUltimo. April 4.
Fix this textErection of Commonwealth Stores, Darling
Fix this textIsland. April 4.
Fix this textNew electric lift (basement to first floor),
Fix this textletter sorters’ block, General Post Office,
Fix this textSydney. April 4.
Fix this textRIVERS, WATER SUPPLY AND DRAINAGE
Fix this textManufacture, supply and erection of electrically
Fix this textdriven pumping machinery for No. 1 pump-
Fix this texting station, low-level sewerage, Newcastle.
Fix this textApril 18.
Fix this textRAILWAY CONSTRUCTION
Fix this textManufacture, supply, and delivery of 12,000
Fix this texttons of 60-lb. steel rails. March 21.
Fix this textROADS AND BRIDGES
Fix this textConstruction of bridges; regulators, and
Fix this textcutting, Great Anna branch, Darling River.
Fix this textMarch 14.
Fix this textErection of new timber beam bridge over
Fix this textlagoon in approach to bridge over the Mur-
Fix this textray River at Howlong. April 11.
Fix this textAccepted
Fix this textBruce, H. C„ Marrickville —Erection of addi-
Fix this texttions to public school premises and teach-
Fix this texter’s residence, at Mathoura, £305.
Fix this textCampbell, M. J., Manly—Erection of new school
Fix this textbuilding for infants, alsu new lavatories,
Fix this textand effecting alterations to existing school
Fix this textpremises at Manly. £2284.
Fix this textDeignan, Wm., Cobar —Construction of Bulgoo
Fix this textTank (contract 30/09-10), Cobar district.
Fix this text£BO3 2s 6d.
Fix this textDowling, G., Summer Hill—Erection and com-
Fix this textpletion of a police station at Neutral Bay.
Fix this text£ 1972.
Fix this textGilbert, F., Dorrigo—Dorrigo branch road
Fix this text(contract 3 6/09-10), Kempsey district.
Fix this text£ 1535.
Fix this textGreen, W. J., South Grafton—Effecting alter-
Fix this textations and additions to post and telegraph
Fix this textoffice at South Grafton. £440.
Fix this textsite for new public school buildings at
Fix this textHayes & Ferry, Largs—Clearing and fencing
Fix this textAbermain. £lB7.
Fix this textHutchins, Harry, Broken Hill —Effecting repairs
Fix this textand alterations in girls’ department, Dis-
Fix this texttrict Public School, Broken Hill. £297 15s.
Fix this textMawson, A., Cooma —Erection and completion
Fix this textof teacher’s residence, public school pre-
Fix this textmises, Pambula. £ 544.
Fix this textMcKinley, T., Coraki—Caretakfrig of Coraki
Fix this textBridge for one year from March 1, 1910.
Fix this text£ 104 per annum.
Fix this textPaterson, Ohas. C., Hurstville—Additions and
Fix this textalterations, repairs, etc., to public school
Fix this textbuildings, Mortdale. £BBO.
Fix this textRigby, Arnold, Bathurst—Additions and alter-
Fix this textations to public school buildings at Mud-
Fix this textgee. £lB4O.
Fix this textViant, J. T. J., Lithgow—Erection and comple-
Fix this texttion of post and telegraph office at Canbe-
Fix this textlego. £ 1-0-913 15s 6d.
Fix this textWalker, J. F., Wellington—Additions and alter-
Fix this textations to public school premises and teach-
Fix this texter’s residence at Geurie. £4BB 6s.
Fix this textPRIVATE WORKS
Fix this textErection of a weatherboard cottage at Baulk-
Fix this textham Hills; Renovations and alterations to
Fix this texttwo houses at Granville; Sewerage connec-
Fix this texttions and other works to Parramatta Hos-
Fix this textpital, also St. Patrick’s Church buildings.
Fix this textJ. W. Hill, Elizabeth-st.
Fix this textJoinery and finishing trades to premises at
Fix this textArncliffe. W. H. Wilson, Arncliffe.
Fix this textErection of a cottage at Drummoyne. J. B.
Fix this textSimpson, 19 Jane-st., Balmain.
Fix this textErection of a shop at Balmain, March 14;
Fix this textErection of a cottage at Burwood. W. M.
Fix this textNixon, 163 Pitt-st.
Fix this text.Erection of a large residence, Lang-rd., Cen-
Fix this texttennial Park. J. A. Meek, 138 Enmore-rd.,
Fix this textNewtown.
Fix this textErection of a pair of semi-detached cottages at
Fix this textKogarah; Erection of three shops and
Fix this textdwellings at Eastwood; Erection of three
Fix this textpairs semi-detached cottages in Premier-
Fix this textstreet, Kogarah; Taking down old wall to
Fix this textfactory premises, Harris-st., and re-
Fix this textbuilding, etc.; Erection of three small
Fix this textshops, etc., at Rockdale. W. Kenwood, 335
Fix this textGeorge-st. March 9.
Fix this textErection of a wharf at Neutral Bay and one at
Fix this textManly for the Port Jacxson Steamship
Fix this textCompany, Ltd. I. W. Hodgson, 14 Moore-
Fix this textstreet. March 15.
Fix this textErection of two brick detached cottages at
Fix this textKogarah. Slatyer & Shields, Equitable
Fix this textBuildings, George-st. March 9.
Fix this textiE.rection of a residence, Centennial Park (stone
Fix this textfoundation). Waterhouse & Lake, 2
Fix this textHunter-st. March 9.
Fix this textErection of a cottage at Duck Creek, near
Fix this textBallina, for the Department of Agriculture.
Fix this textH. C. L. Anderson, secretary. March 15.
Fix this textErection of new premises for United Insurance
Fix this textCo., Ltd., at Newcastle. F. G. Castleden,
Fix this textNewcastle, or J. Hawkes, Ocean House,
Fix this textMoore-st. March 14.
Fix this textErection of a new brewery in Balfour and
Fix this textIrving streets. Halligan & Wilton, Equit-
Fix this textable Buildings.
Fix this textErection of three residences for Perpetual
Fix this textTrustee Company, at Enmore. G. S. Jones,
Fix this text113 Pitt-st.
Fix this textErection of a villa residence at Mosman. J. B.
Fix this textAnderson, Military-rd„ Mosman.
Fix this textDrainage and other work to five shops at Par-
Fix this textramatta. C. R. Summerhayes, Hunter-st.
Fix this textIFxtensive additions to an hotel at Molong. L
Fix this textRobertson, 60 Castlereagh-st.
Fix this textAccepted
Fix this textBadmington, G., Whistler-st., Manly
Fix this texttions to six houses at Manly.
Fix this textColeman, c. C., Stafford-st., Stanmore —(Erection
Fix this textof rectory buildings at Newtown.
Fix this textDouzan Bros., 123 Denison-st., Camperdown—
Fix this textErection of a factory for R. Reid & Co.
Fix this textGeorge, T. & 'Son, Gordon-st., Paddington—
Fix this textErection of billiard and other recreation
Fix this textrooms at a large residence at Burwood.
Fix this textGrice, B. J. & Co., 56 Hunter-st.—General re-
Fix this textpairs, painting, and alterations to business
Fix this textpremises in Oxford-st.
Fix this textHills, E., Spencer-st., Mosman—Extensive alter-
Fix this textations and additions to “Chollerton,” Yar-
Fix this textranabbe-rd., Darling Point.
Fix this textKent & Sullivan—Pulling down and removing
Fix this texta large chimney stack at Jamieson-st.
Fix this textStoker & Son, Carslile-st., Ashfield- -Erection
Fix this textof business premises in George-st., city.
Fix this textIt's easy and takes two shakes of a lamb's tail!
With your Trove account you can:
http://nla.gov.au/nla.obj-777664044
(1909). Dun's gazette for New South Wales Retrieved June 14, 2025, from http://nla.gov.au/nla.obj-777664044
Dun's gazette for New South Wales Sydney: Dun's Gazette, 1909. Web. 14 June 2025 <http://nla.gov.au/nla.obj-777664044>
1909, Dun's gazette for New South Wales Dun's Gazette, Sydney viewed 14 June 2025 http://nla.gov.au/nla.obj-777664044
{{Citation
|
| title=Dun's gazette for New South Wales.
| year=1909
| section=v. ; 30 cm.
| issue=Vol. 3 No. 10 (March 7, 1910)
| location=Sydney
| publisher=Dun's Gazette
| url=http://nla.gov.au/nla.obj-777664044
| id=nla.obj-777664044
| access-date=14 June 2025
| via=Trove
}}
Citations are automatically generated and may require some modification to conform to exact standards.
Select the images you want to download, or the whole document.
You can order a copy of this work from Copies Direct.
Copies Direct supplies reproductions of collection material for a fee. This service is offered by the National Library of Australia
Copyright varies by issue and article
Copyright varies with each issue and article. You may have full rights to copy, or may be able to copy only under some circumstances, for example a portion for research or study. Order a copy where circumstances allow or Contact us for further information.
Copyright status may not be correct if data in the record is incomplete or inaccurate. Other access conditions may also apply.
For more information please see: Copyright in library collections.
Copy and paste one of these options to share this book elsewhere.