SEIZURE OF LIQUORS, ETC.

Evening Star, Issue 11609, 20 June 1902, Page 6

SEIZURE OF LIQUORS, ETC.

A dispute arising out of the seizure under • distress warrant *of the booth at the W«gatoi racecourse on May 21 last came_ before the Magistrate’s Court this morning. The parties to it were William. Nash(plwntxff) and Lane and wo,, aerated.water manufacturers, and T. F. Holland, bailiff: of the Magistrate’s Codrt, Dunedin. Plaintiff was represented by Mr D. D. Macdonald, and the defendants were represented by Mr Calvert. The plaintiff, in his statement of claim, set out that on May 21 he had a licensed booth at the Wingatui racecourse on the occasion of the D.J.C. meeting, and had it stocked with the necessary utensil* and liquors. The defendants, acting under a ' distress warrant issued out of the Magistrate’s Court in Dunedin in a case Lane and Co. against one Margaret Peters, seised all the utensils and liquors, all profits plaintiff may have ‘Herived from their sale, and also the amount paid for such booth. The value of the utensils and liquors plaintiff set down at £6O, and assessed his expected profits at £6O, the amount paid to the Jockey Club being £4O. Of this ‘last sum £ls had been refunded to him. Plaintiff therefore claimed the sum of £145 as damages. Mr Calvert said that before Mr Macdonald proceeded with the case he wished to raise a preliminary objection to the hearing of the case. He pointed out that under the Magistrate’s Court Act, section 188-9, it was necessary that both the execution creditor and the bailiff wen entitled to one month’s notice of action. This notice had nob been given'. Mr Calvert quoted authority showing that the notice applied not only to the bailiff, but to the execution creditor. He therefore claimed a nonsuit.

Mr Carew, the presiding S.M.,* upheld the contention, and granted a nonsuit, with costs against plaintiff (solicitor’s fee, £7 ss).