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The South Australian Law Reports: Report of Cases Determined in the ..., Τόμος 3
Πλήρης προβολή - 1870
The South Australian Law Reports: Report of Cases Determined in the ..., Τόμος 8
Πλήρης προβολή - 1875
action Adelaide Adelaide Banks Adelaide Police Court agent alleged amount appears Appellant appointed architect assignee authorised bailiff Baker bond-fide Boucaut builder building owner bundey charged cited clerk conduct contract contractor conviction couet Court of Equity debtor decided deed Defendant directed duty embezzlement entitled entrusted by virtue evidence execution creditor executors extras facts final certificate fraud fraudulent full court grandchildren Hardy Hooper income Insolvent interpleader issue Jarmain Judge judgment jurisdiction jury learned colleague liable licence Linklater lodger Magistrate mantelpieces Milang mortgage necessary offence opinion paid parties Pawley payment person Plaintiff prisoner was entrusted profits prospectus proved Provisional Directors Public Trustee question real estate receive recover referred refused respect respondent Richardson Shaw Sir Richard Hanson sold solicitor South Australia statute subpoena subscribed substantial justice Sunday Symon testator testator's children three-tenths trial Turnbull valuable security verdict warrant wife William Selwyn Wilson written order Wylie
Σελίδα 59 - ... it shall be sufficient to allege the embezzlement, or fraudulent application or disposition, to be of money, without specifying any particular coin or valuable security; and such allegation, so far as regards the description of the property, shall be sustained if the offender shall be proved to have embezzled or fraudulently applied or disposed of any amount, although the particular species of coin or valuable security...
Σελίδα 47 - Any exception, exemption, proviso, excuse, or qualification, whether it does or does not accompany in the same section the description of the offence, may be proved by the defendant but need not be specified or negatived in the information or complaint, and, if so specified or negatived, no proof in relation...
Σελίδα xiv - An estate was there devised to a woman for life, and after her death to be sold, and the proceeds to be divided amongst such of her children as should be then alive.
Σελίδα 49 - The exception is this, that, where the subject-matter of the allegation lies peculiarly within the knowledge of one of the parties, that party must prove it, whether it be of an affirmative or a negative character, and even though there be a presumption of law in his favour (a).
Σελίδα 47 - Any exception exemption proviso excuse or qualification whether it does or does not accompany the description of the offence in this Act, may be proved by the defendant, but need not be specified or negatived in the information; and, if so specified or negatived, no proof in relation to the matters so specified or negatived shall be required on the part of the informant.
Σελίδα 33 - There Is a marked distinction between an act done for the purpose of protecting the property by preventing a felony or of recovering It back and an act done for the purpose of punishing the offender for that which has already been done.
Σελίδα 56 - Majesty or against the same master or employer, within the space of six months from the first to the last of such acts; and in every such indictment where the offence shall relate to any money or any valuable security it shall be sufficient to allege the embezzlement, or fraudulent application or disposition, to be of money, without specifying any particular coin or valuable security; and such allegation, so far as...
Σελίδα 66 - ... and for money received by the defendant for the use of the plaintiff; and for money found to be due from the defendant to the plaintiff on accounts stated between them.
Σελίδα x - Graham. 1875 and entrusted by virtue of such employment with the receipt and custody of money the property of the Queen, did by virtue of his said employment, and whilst he was so employed, receive and have in his possession, and was entrusted with certain money, the property of the...