RIGHTS OF A BAILIFF.

Otago Daily Times, Issue 19802, 29 May 1926, Page 7

RIGHTS OF A BAILIFF.

ENCOUNTER WITH WOMEN. SEQUEL IN POLICE COURT. (Pec Unitep Phe»s Association.! WELLINGTON, May 28. When the bailiff of the official assignee searched the premises of Joseph C. Erosl, poulterer, in Molesworth street, ho took possession of a bank book belonging to Florence Grove, an occupier of the premises. Mrs Grove was out when the bailiff called, but encountered him when she returned home and objected to his presence in a very emphatic manner. As a result of her action she was charged in the Magistrate’s Court to-day with assaulting the bailiff. Robert James Kells. It was explained by Mr P, tl. K. Macassey, who prosecuted, that the official assignee applied under section 89 of the Bankruptcy Act, 1908. to the Supreme Court for the issue of a search warrant to search the premises occupied by Frost and Mrs Grove in Molesworth street for the purpose of obtaining any property relating to the affairs of the property of Frost who had been adjudged a bankrupt on April 25. Kells in his evidence said he found two bank books, one of which showed that Mrs Grove had drawn £3O out of bank on the day of the bankruptcy. "•When talking to a constable Mrs Grove and Frost came in,” said witness 'T asked for her bag. and she turned the contents on the table. She immediately rushed out of the room and found her bank books were gone. She made a grab and caught, me by the throat and smashed my watch chain and damaged my watch. ’1 he policeman interfered and then she wont away.” To Mr Malfroy (who appeared for Mrs Grove), witness denied that he accused Mrs Grove of stealing £4O. He followed her to the telephone to hear what the solicitor was going to advise her to do. Mr Maliroy submitted that the bailiff had no right to take the Post Office hook, which was the property of Mrs Grove. Ho had a right to receive the property of bankrupt Evidence was given by Mrs Grove and by Frost. The latter said he considered Mrs Grove had a right to object when the bailiff came near her “because the man smelt.” , ... ' Mr Maenssoy : Please clout. uct insulting. The Magistrate (Mr K. Page) said ho agreed with counsel that a person had a light to use reasonable force to get back property which was being unlawfully held, but in this case whore the bailiff took the "itv with a colour of right he did not think that the defence was justified. It was c ll ai 1 o clear that an assault had been rommilt.ee]. Complainant was a public officer ami public officers must be protected. The woman no doubt was excited and lost her herd somewhat. A fine of £5 was imposed and an order was made that £1 be raid towards the repair of the watch and chain.