RESIDENT MAGISTRATE'S COURT.

Poverty Bay Herald, Volume VI, Issue 841, 22 July 1879, Page 2

RESIDENT MAGISTRATE'S COURT.

This Cay.

(Before H. Kenrick, Esq., R.M.), \ssat7lt arising out op the ejection of a Bailiff. S. Devor v. Finch. — Mr. Nolan appeared for the defendant, Mr. Rogan for the plaintiff. The offence alleged was committed on the 18'h July. Sam Devor, sworn, deposed : On the 18th July, I was in possession under the authority of Mr. U'Rren of a premises at Miikarak.i. I saw Finch that clay about 1 o'clock on Sony's premises Finch asked Featherston whether he would go out. He then caught him by the collar of the coat and drove him out in front of him. m He did the same to me. I have an authority fr"m Mr. U'Rnn >md was in possession, under the warrants for 12 days. Cross-examined : Mr. Finch dragged me out, hut not violently, and he did me no harm. By the Bench : He did not tell me why he came there, and did not tell me what right he had there. Mr. H. Feathersion, deposed he had. been in possession under the warrant f.»- 12 days. On the 18th I saw Finch. He came in and asked me what I did there, and said, •" Clear out of this, or I will put you out." He then caught hold of me and ejected me. He did not show me any authority. Cross-examined : Finch did not ask for my authority. By the Bench : I did not sell any goods under the warrant. I seized some goods under the warrant. I have a list of them. The list included a turning lathe, bullock dray, &c., in satisfacton of rent amounting to £7. The Sfile of these goods was held over at the request of Mr. Sorry. Henry Finch, defendant, deposed : On the 18th July I received authority from Mr. Ornner, Clerk of the District Court. Under his instructions I proceeded to take possession of Mr. Sorry 's property. I went with Sorry to the shop, and saw Featherston. I asked by f what authority he was there. He could not produce it. I shewed him my authority and told him to clear ou*t which he did very quietly. A short time after Devor came in Mr. Sorry S'i«l this is the other bailiff. I told him to clear out. He refused, when 1 rook him by the shoulder and told him I would put him out. He went away quietly. There was no struggle. P. Sony, called, deposed : I remember Devor and Featherston taking possession. They did not show me their authority. I never asked Mr. • U'Ren to delay J the saje of thes* goods. The sale was postponed to Friday at the suggestion of Mr. Pitt. I consented to the pale being stopped, and shortly after U'Ren stopped the sale. I have not paid XT' Ren any money on account of rent. The Bale was postponed to Tuesday. I never asked the

bailifta not to take the goods away. Mr. Rugan requested to call rebutting evidence, but His Worship said that it was no use, as the case, would be dismissed. • The defendant had a legal right to be there, and plaintiff had exceeded the five days allowed for the levying of the destraint for rent. These cases had occupied the Court for some time, and he must say that there was a great amount of laxity shown . in these proceedings to recover the rent, the amount seized being much in excess of the rent claimed. ' The case was dismissed. CIVIL CASES. GRAHAM V. SHIRLEY. Mr. Brassey for plaintiff. As there was no proof of the service of the summons, the case was adjourned to next Court day. KELLY V. HAYDON. Claim £5 for damages . for trespass. Judgment was confessed for £4, and accepted by the plaintiff. POVERTY BAY PRINTING 00. V. J. VILLBRS. Claim £23 13s. 6d. Mr. E. ff. Ward, sen. for plaintiffs. Judgment for full amount with costs. H. E. WEBB V. VT. S. GREENE. Mr. Robinson for plaintiff, and Mr. Rogan for defendant. Mr. Rogan. took objection to the plaint, wherein the defendant was sued as trustee in Thelwall's estate. Mr. Greene was not the trusted, although he was one of the trustees, and was not personally responsible for the amount claimed. [ '"'■ ' ■ *'■'•■ Mr. $rassey also, as a co-trustee, objected to be bound by any 'Admission of indloiydness made by 1 Mr*. -Greene to Mr. Webb. Mr.' Roßihson askdd *'tb have the plaint amended. ' ' '■'•'■'•• His Worship said he could not substitute 'a^flesli^tlefendant in thiß plaint, and^ectfmnieti^ed both parties to consent to J %!L. Stljourumont, as the defendant was aosenc in Auckland. The adjournment was agreed to, the defendant paying prof eaonal costs. HOSPITAL MANAGERS V. W. READY. — Claim £6 odd, for rent. Mr. Cuff for the plaintiffs. Judgment was given for the amount with Bs. costs, and occupation of the cottage to be given up.