PROVOKING A BAILIFF.

Colonist, Volume LI, Issue 12479, 4 March 1909, Page 2

PROVOKING A BAILIFF.

AN ANGRY DEBTOR,

BOUND OVER TO KEEP THE

PEACE.

At the Magistrate's Court yesterday before Mr H. Eyre-Kenny, S.M., Leonard Phipps Kinzett was charged on the information of Alfrey. Edward Fanthorpe, with having, on March Ist, used pl-ovoking language to hini. Mr A. T. Maginnity appeared for informant, and Mr Hayes for the de-' fendant; .The case for the complaintant, who' is bailiff at the Magistrate's Court, was that on Monday last he went to serve a warrant on .defendant for £10 odd. 'He intended, if the money was not -paid, to seize defendant's horses. Diifendanj it was alleged, asked complaintant, "why he did not take it out of : his hide?" and complainant rqplied, "I do not want to take it out of your hide, and^ I do not want to argue with you." Defendant's horses were seized by complaintant, but the money was paid and the-horses released. It was also alleged that defendant had stated that he would "like to have complainant for ten minutes on the quiet." Complainant desired that Kinzett- be bound over to keep the peace, as he fnornd a reuetiian of what had occurred.

Peter Grant gave corroborative evidence regarding the words used by defendant as to "taking it out of his hide," but he did not hear the reference to the "ten minutes on the quiet.'

Defendant's story was that he was under the impression that the bailiff could not seize his horses' while they were being used. He admitted inviting the plaintiff "to take it out of his hide," but said this referred to another matter. He denied the allegation regarding the "ten minutes on the quiet. - His Worship held that the bailiff had not seized the. horses .while. they, were being used, and that defendant had used the provoking expressions complained of. He bound defendant over to keep the peace for three months, in his own surety of £20 and one surety of £20, or two of £10 each, and ordered him to pay the costs, amounting to 30s.