Put in Bailiff Without Authority

Manawatu Times, Volume 59, Issue 212, 5 September 1934, Page 6

Put in Bailiff Without Authority

MAGISTRATE’S ADVICE TO LAND AGENTS. It would be a very dangerous power to (jut in the hands of land agents. This comment was made in the Palmerston North Magistrate’s Cuurt yesterday by Mr. J. L. .Stout, S.M., when imposing a penalty of £2O and costs on William Ritchie, land agent, of Palmersi on North. Plaintiff in the case was Martin Petersen, who alleged that Ritchie, as agent for the owner of a house, had wrongfully put the bailiff in possession in respect of rent which was not owing. His Worship stated that Ritchie in the first place, had no authority to issue the distress warrant on behalf of his client. Before an agent collecting rent took advantage of the Act, he should first get direct authority to do so. The mere fact of collecting rent did not imply authority to issue distress warrants; it would be a very dangerous power to put in the hands of land agents. 'Where there was power of attorney, I here was usually provision made to cover such cases, but in the present instance, Ritchie had been a trespasser from the very beginning. Whether rent was duo or not, he had no authority to take the'proceedings he did. His Worship also commented that in the case before him there appeared to be a certain amount of spite on Ritchie’s part following Petersen saying he was going to pay rent direct to the owner. Something more than a nominal penalty was called for in view of the spite and vindictiveness shown. His Worship fixed the penalty of £2O with costs amounting to £4 is. Security for appeal was fixed at £2O plus costs.