A BAILIFF’S FEE

Wanganui Chronicle, Volume 74, Issue 244, 15 October 1931, Page 6

A BAILIFF’S FEE

BOARDINGHOUSE AFFRAY. COURT DISAIISSES CHARGES. L Per Press AsponatJon. 1 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 boardinghouse in Ghunznee Street, under instructions of a firm of solicitors to distrain for 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, and in the course of a struggle a window was broken.

Giving evidence on behalf of the defendant, tho landlady said she had paid the bailiff £5 which was owing for rent, but he had then demanded 15s for his day’s fee and said he was not leaving until he got it. Torpy came and told him to go, and the bailiff struck Torpy. and this started the affair.

Giving judgment, Air. Page, S.AI., said it was clear that the. warrant to distrain was for an excessive amount and consequently it was unlawful distress. Tho owner of the house had admitted only £5 was owing, but the warrant authorised the bailiff to distraint for £7 10s. “I think the bailiff had r.o right to remain on those terms, demanding to stay until he was paid a fee of 15s to which he was not entitled to. 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.