MOTION FOR RELEASE PROM PRISON

Dominion, Volume 12, Issue 235, 30 June 1919, Page 5

MOTION FOR RELEASE PROM PRISON

A PECULIAR CASE. In the Supreme Court in Chambers on. Saturday morning His Honour the Chief Justice (Sir Robert Stout) heard a motion for an order directing the release of George Birch, of Blenheim, from prison. Mr. M. Myers aippeared in support' of tho motion, and Mr. A. W. Blair opposed. : \ . An; action was brought against Birch in the Supreme Sourt, Blenheim, by .Thouias Samuel Da vies, farmer, Blenjheim.'rand Edward Stone-Parker, motor jgaragi proprietor, olso of Blenheini, to jobtain delivery of a "Marlborough" marine oil engine, complete with all parts, (and a'settlenient by consent was reached, oind' tjie Court- ordered the delivery of the engine, to.be given. Birch failed t<> give (lelivefy, and he was. ordered to remain' in the 'custody*''of the sheriff.

Mr.(Myers, after detailing the circumstances. attending the detention of Birch, claimed l that the writ of attachment was bad becauso it did not comply wjth Rule .331, there being no direction as to the time and place at..which to bring Birch before, the Court.' Further, there had beon non-compliance with Rule 365, as Birch should have been brought heforo the Court within a reasonable time, after his arrest, and either discharged or committed for a fixed term or until he corn.plied with the judgment. As on alternative, Mr. Myers claimed that Bircil could not be held ill Custody for a longer period than twelve months.

His Honour: He is in the hands of the sheriff until a further order is' made. It is under the'sheriff's warrant that, he is in the hands of the prison authorities. Mr. Myers: This man was brought be. foro the. Court on a writ of attachment, anil one Of two things had to be donelie had either to lie discharged or committed to prison undev Rule 3i)5.

His Honour: All this man was'asked to 'do was to give up an engine, and he did not do so, and was defying, the Cbuirt. . Mr. Blair: What he did was to take the engine to pieces 'and hide all tho pails' except such as were too 'heavy to handle. , ■

Mr.Myers: The man feels that he has been unfairly treated. His Honour: The man must know tliht ho cannot defy the Court. This is a cose of voluntary imprisonment. He has but to deliver up' the engine to end the matter. 1

George Birch.'in giving evidence, stated that he had been ton nionlhs in pri-V-op. He had handed over parts of the engine-to'the value of J?SO. He admitted i that tho engine w.-vs useless until assembled. He • stated that Dnvies and Parker desired to secuire an engine worth .£I2OO for the 'ilaim of .£'33o. Mr. Blair said his client would be prepared to accept payment of the amount claimed, with interest and costs. His Honour said he would tako time to consider his decision, lie would be bound by precedent and the decisions A the Court. He advised Mr."Myers to see his client and endeavour to com e to some arrangement. An order for release would not end his • troubles.