RIGHTS OF A BAILIFF.

Otago Witness, Issue 3768, 1 June 1926, Page 27

RIGHTS OF A BAILIFF.

ENCOUNTER WITH WOMEN. SEQUEL IN POLICE COURT. WELLINGTON, May 28. When the bailiff of the official assignee' searched the premises of Joseph C. Frost, poulterer, in Molesworth street, he took i 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 re* r turned home and objected to his presence in a very emphatic manner. As a result ; of her action she was charged in the Magis- y trate’s Court to-day with assaulting the bailiff, Robert James Kells. It was ex- , plained by Mr P. S. K. Macassey, who prosecuted, that the official assignee applied under section 89 of the Bankruptcy Act, ISOB, 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 23. Kells in his evidence said he found two ■ bank books, one of which showed that Mrs ! Grove had drawn £3O out of the bank on the day of the bankruptcy. “When talk- 1 ing to a constable Mrs Grove and Frost came in,” said witness “I 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. r lhe policeman interfered and then she went away.” To Mr Malfroy (who appeared for Mr* Grove), witness denied that he accused Mr* Grove of stealing £4O. He followed her to the telephone to hear what the solicitor was going to advise her to do. Mr Malfroy submilted that the bailiff had no right to take the Post Office book, which J was the property of Mrs Grove. He had : a right to receive the property of bankrupt Evidence was given by Mrs Grove and by Frost. The latter said he considered Mrs Drove had a right to object when the bailiff came near her “because the man smelt.” . . i Mr Macassey: Pleaso don t get insulting. I The Magistrate (Mr E. Page) said he, agreed with counsel that a person had a light to use reasonable force to get back', property which was being unlawfully held, 1 but in this case whero the bailiff took the | -«rtv with a colour of right he did not ) think that the defence was justified. It was quite clear that an assault had been , committed. Complainant was a publid officer and public officers must be protected. 1 The woman no doubt was excited and lost j her head somewhat. A fine of £5 was imposed and an order was made that £1 be paid towards the repair of the watch and chain. _ *