A CASE OF WRONGFUL IMPRISONMENT.

Otago Daily Times, Issue 8755, 18 March 1890, Page 3 (Supplement)

A CASE OF WRONGFUL IMPRISONMENT.

Timauu, March 15.

At the District Court, Timaru, before: His Honor Judge Ward and a jury of. four, the. caso of C. Bishop v. W. Ackroyd, a claim iot £100 damages for false imprisonment, is being heard. The plaintiff's case was that ho, an old settler at Winchester, sold off everything iv August la.it, intending to remove to Duucdin, as ho was not doing well at Winchester. After the wale lie had only about £30, and owed £39 to Tenv.uka j tradesmen. He went to see them, and olfevred a the larga cues 10.1 iv the pound, au he wauteil to j give nil a share and keep Hometliiujj to tako Ibis f family to Lhmcdin. Tho two larger sgreerl to i take 10i in the pound, but two others (the claim | of one being only 15s) held out fur 75 per ueat., » and as iii.-sh.jp thought he could not spare th&t | he rtfused to give it. Tils four creditors—W. Ackroyd, £11 i(js ;J. W. Miles, £10 odd; j Blyth, £4 7s (id, and J, Brown, 15s—acting in i concert, caused immediate summonses to bo issued on tho ground that I3ishop -was about to leave- tho jurisdiction for the purpose of evading payment, obtained ju<]girK.mfc by default, issued judgment summonses at umce on the same plea, and in three hours or so from. Bishop's refusal to pay 15s iv the pound hu was in the Temuka lockup on the order of two justices, to bo imprisoned at Timarn for six weeks in Ackroyd's case, four weeks in Miles', a, j fortnight iv BlytU's, asd a week in 33rown's, if tho amount of their claims and costs were not : sooner paid. Bishop did not pay, the costs having increased tho amouuts so ru uch, and ho Berved tho six weeks ia prison. To aggravate the matter, he had paid Ackroyd £6 after the issue of the first summonses, and this was nob mentioned in court. The whole of tho processes, under which he was imprisoned are claimed to- : have been illegal, and on this is founded the ; claic.i for damage 3. The jury assessed tho ; damages at £40. The legality of the processes has yet to bo arguoil. Tho celerity of. the magis- ' teriiil proceedings probably breaks the record in j that live.