TROUBLE WITH BAILIFF

Taranaki Daily News, 15 October 1931, Page 7

TROUBLE WITH BAILIFF

AFFRAY IN BOARDING HOUSE CHARGE OF ASSAULT DISMISSED. “DISTRAINT FOR EXCESSIVE SUM" By Telegraph.-—Press Association. Wellington, Oct. 14. Rupert Fred Torpy was charged today with assaulting Fred Burnett,, resisting Constable Kemp in the execution of his duty and wilfully breaking a pane of glass valued at £1 ss, the property of May Beatrice Cutler. The police stated that Burnett, a bailiff, went to a boarding-house in Ghuznee Street, under the instructions of a firm of solicitors, to distrain fbr rent. An altercation took place between accused, a boarder and the bailiff; and a- constable was called in. Defendant resisted the constable and another was called. In the course of the struggle a window was broken. • i Giving evidence on 'behalf of defendant the landlady said she had paid the bailiff £5, which was owing as rent, but he then demanded 15s for his day’s fee, and said he was not leaving until he had got it. Torpy came and told him to go, and the bailiff struck Torpy. This started the affair.In giving judgment Mr. E. Page, S.M., said it was clear that the warrant to distrain was for an excessive amount, and consequently it was unlawful distress. The owner of the house. had admitted that only £5 wa«’ owing, but the warrant authorised the bailiff to distrain for £7 10s. .... “I think the bailiff had no right ,to remain on those terms and demanding to stay until he was paid the fee of l'ss, to which he was not entitled, said the magistrate. “He became a trespasser, and the occupants of the house were lawfully entitled to ask him to leave, or, failing that, to put him out. I think it was their efforts to do that which caused the .trouble.”. . All the charges were dismissed.