A QUERY.

Ashburton Guardian, Volume 1, Issue 44, 6 January 1880, Page 3

A QUERY.

To the Editor. Sir, —On reading your Saturday’s issue I found the following report of a decision given by our local Magistrate in a case of Fuller v. Brown, which in my opinion calls for some comment. The judgment as reported runs as follows “His Worship said that any deduction to be made for damages sustained by defendant would have to be brought before the Court in the form of an action for damages ; but he had no other coarse before him than to give judgment for plaintiff’with costs. He, however, authorised the impounding of the money to enable Mr. Brown, to bring a cross action for his damages. ” I shtadd feel much obliged if you or any could answer the fol- : 1. Has a Magistrate the right to prejudge a case or invito limitation ? 2. Has a Magistrate any statutory or other power enabling him to impound money in Court pending the result of the limitation invited by him ? Answers to the above would be very useful to residents and business men as a general impression prevails that the only person entitled to impound or seize money in Court is the bailiff', who is supposed to act under a proper warrant.—l am, Ac.,

An Enquirer and One Interested.