LAW INTO OWN HANDS

Greymouth Evening Star, 17 November 1934, Page 5

LAW INTO OWN HANDS

CREDITOR TO PAY DAMAGES. LONDON, October 7. An itnusual case of trespass came before Judge Clements at the Canterbury County Court yesterday, when he awarded £lO 10/- damages to Maurice Frank Bromfield, living at Herne Bay and employed at the General Post Office, London, in his action against Herbert Charles Underdown, a Herne Bay councillor and coal merchant. It was stated on behalf of Mr Bromfield. who was in receipt of a salary of £5OO a year, that he was in financial difficulties, and had set aside a portion of his income to discharge his debts. He returned home late one night last July and found that his house had been entered and goods to the value of £5 taken away. On reporting the matter he discovered that Mr Underdown had been to the police and told them that he had taken the goods. Mr Underdown said he had done this because Mr Bromfield owed him £2 8/- for a ton of coal, and he had been unsuccessful in getting a summons for the debt serveTT upon him. Mr Bromfield said he suffered shock from the incident. Although he had since paid Mr Underdown’s account, the goods had not been returned.

Mr Underdown said he was exasperated after making many calls at Mr Bromfield’s house and failing to find him in. He thought Mr Bromfield was evading service of a summons and defying the law. He went to the house, and the window broke after he had tapped it several times. He then let himself in because he thought he heard someone in the house, but apparently was mistaken. The noise he heard was made by two dogs. He intended, if Mr Bromfield had been at home, to ensure his attendance at the County Court the following day. He took two clocks, a tapestry screen, and a cushion, and went straight to the police and reported 1 what he had done. Mr Geoffrey Howard, who appeared for Mr Bromfield, suggested that Mr Underdown intended to take Mr Bromfield by force in his car to Canterbury, so that the bailiff could serve the summons on him there. Mr J. G. Jackson, for Mr Underdown said his intention might have been to have caused Bromfield to give an undertaking to appear at the court. Judge Clements said fortunately such cases of men taking the law into their own hands were extremely rare. If they were common he would have given exemplary damages against Mr Underdown. He ordered the return of the goods or their value, and awarded damages as stated.