BAILIFF DEMANDS FEE

Taranaki Daily News, 17 October 1931, Page 16 (Supplement)

BAILIFF DEMANDS FEE

COURT CHARGES DISMISSED. Wellington, Oct- 14. A bailiff with a mistaken idea aB to his rights, a boarder who took his landlady’s part, arid two constables, Were the parties in a. melee in arid about a boarding house in Ghuziiee Street recently. The story was told in the Wellington Magistrate’s Court to-day. The boarfier, Rupert Frederick Torpy, a mechanic, aged bl, pleaded not guilty to assaulting Frederick Burnett, the bailiff, to resisting Constable Kemp in the execution of his duty and to wilrully breaking a pane of glass, valued at £1 ss, the property of May Beatrice Cutler. Senior-Sergeant Edwards stated that Burnett went to the house uiider instructions ’ from a firm of solicitors to distrain for rent. An altercation took place between accused and the bailiff arid a constable was called in. Accused refused to be pacified by. the constable and resisted him. Another policeman was then called in arid in the course of the ensuing struggle a window was broken. The landlady said she hid paid the bailiff the £5 owing for the rent and he then demanded 15s for his day’s fee. She refused to give him this and tile bailiff replied that he would not leave the house until he got his 15s. Torpy, who was in the kitchen at the time, told Burnett to go and the bailiff then turned and struck Torpy. ■ That started the whole affair. Mr. E. Page, S-M-, said it was that' thfe. warrant to distrain was for an excessive aifiotjnt drid, consequently, it was unlawful distress. The owner of the house had admitted’ that only £5 was owipg,' but the - warrant for distress authorised-, the bailiff to distrain, chattels for £7 IDs. ■' ■• ■ “T think,” said the magistrate, “that the bailiff had (no right tri remain on those terms. By determining to stay there until he was paid- a. fee 'of 15s, to which lie was not entitled, he became a trespasser arid the occupants of the- house were- lawfully entitled to ask him to leave or, failing thdt, to put him out.” ’ ■ •’ ’■' .■ ' - i AU the charges were dismissed.