A PECULIAR CASE.

Auckland Star, Volume L, Issue 153, 28 June 1919, Page 5

A PECULIAR CASE.

DEBTOR HELD IN CUSTODY. (By TelesraDn.—Press Association.) WELLINGTON, this day. A peculiar case came before the Chief Justice to-day, an a]»plica.tion for an order directing the release of George ' Birch, of Blenheim, from prison. Birch was defendant in an action brought by j Thomas Samuel Davis (farmer) and | Edward Stone Parker (garage proprietor. Blenheim), to obtain delivery of a | marine engine and accessories. Judgment was given for plaintiff by arrangement, but it was claimed that defend- . ant failed to comply with the order, ! and he was ordered to remain in custody ' of the sheriff. Counsel for the defence held that the order was not in accordance with the i rules, and that Birch should have been ! brought before the Court in reasonable j time after arrest and committed for a ' fixed term or discharged; also that j Birch could not be held for a longer period than twelve months. j His Honor said it seemed to be a case lof voluntary imprisonment. As soon as Birch gave up delivery ho would be i freed. I Birch, in evidence, said ho handed over parts to the value of £350, but admitted that they were useless unless they -were assembled. He considered Davis and Parker desired to secure an engine worth £1,200 for a claim of £330. Sir Robert Stout remarked that Birch had acted more from feeling than from a business point of view. •Counsel for plaintiff said lie was willing to accept payment of the amount of the original judgment, and asked the Court to set forth the procedure in such cases. Decision was reserved.