IMPORTANT TO BAILIFFS.

New Zealand Herald, Volume XXX, Issue 9307, 16 September 1893, Page 6

IMPORTANT TO BAILIFFS.

On Thursday, September 14, atthePukekohe Resident Magistrate's Court, before Captain Jackson, R.M., a novel charge was brought in this Court against Constable McGovern, by Mr. George Moore, of Pukekohe, for that he (Constable McGovern) did, by neglect or omission as bailiff, lose the opportunity of levying an execution upon the goods of oue Hugh Campbell, of Pultekohe, whereby the said G. Moore lost the sum of £20. Mr. Cave appeared for the plaintiff, and Mr. F. Shortland for the defendant. The case was brought under section 130 of the Resident Magistrate's Act, 1867. Counsel for the defence raised certain legal objections— that the requirements of section 117 of the same Act had not been complied with as to notice, and stating grounds ot action one month before trial, and also that the charge was too vague, it having been laid in the alternative, which was bad in law. During the argument the Resident Magistrate mentioned the case, Mills v. Burke, in which Dr. Giles decided that in actions against bailiffs for misconduct, section 117 must be complied with, and he intimated that he would abide by that decision, and uphold the objection as to want of proper notice, if it were pressed. After a short adjournment, it was agreed to waive all objections as to notice, and proceed to hear the case on the merits. The case not having concluded at four p.m., was adjourned until October 12. The result will be watched by bailiffs and others with interest.