FARMER IN COURT

Bay of Plenty Beacon, Volume 05, Issue 69, 24 June 1942, Page 6

FARMER IN COURT

INJUSTICE ALLEGED UNION TAKES ACTION At last executive meeting of the Auckland Fanners' Union the chairman, Captain H. M. Jlushworth, reported that a former member of the Union, who was now with the. Armed Forces had been the defendant in a civil action in the Courts. Judgment went against him, and his counsel wished to lodge, an appeal. However, the Magistrate had ruled that before he would state a case for-appeal the defendant must lodge, not only the cost of the appeal, but also the sum involved in the original claim, a matter of £81 plus costs. Mr Sexton, who gave further details of the case, said that this was an unusual procedure, as it was customary only to insist upon a.n appellant. lodging the costs of the appeal. In this case the magistrate was placing the defendant in an impossible position. He was taking away from him the protection that was supposed to be available to soldiers. To find the amount involved the defendant .would be compelled to realise on his assets. The next course to take to secure justice for the man was to move in the Supreme Court for a mandamus compelling the magistrate to state a case for the Court of Appeal. "We are not fighting his appeal," explained. Mr Sexton, "but as a serving soldier lie is entitled to some protection, and the magistrate has evaded it." Mr Sexton was authorised to take the necessary legal proceedings.