SUPREME COURT.

Evening Star, Volume VIII, Issue 2194, 19 May 1870, Page 2

SUPREME COURT.

Tins Day. (Before Air Justice Chapman.) Mac ass ey v. Massey and Another. — This was an application for a new trial. In June bait the ratc-collcctor of the City Corporation called at the offices of Air Alacas ey, solicitor, and observed in a jocular way to one of the clerks, it was well to distrain on a lawyer. He afterwards took out a warrant to distrain, and handed it to the clerk, by whom it was given to the plain!iff, who expressed annoyed at the proceeding. He gave orders for the prymenfc of the rates, but before the cheque could he cashed, the yollect'or jffffc the office, the money being paid Jo Jhe Town Clerk the next day. This was pile distress and tresspass complaincl of ; and in respect ql it, an action to recover nominal damages was tried ip tl-e SJuprenjie i Court, when the plaintiff was non-suited, A new trial was now moved for on the grounds—first, that there was evidence given at the trial of a trespass having been made on plaintiff's tenement ; second, that there was evidence also given at the trial of a distress having been levied upon the plaintiff's goods. Air Cook, with whom was Air Haggitt, moved that the rule be made absolute. Air Smith showed cans A He submitted bad been no distress levied. The collea/oris conduct in to’ling the plaintiff that Jljbrc was only jtlic pmount of the warrant to pay, guff li'is’ 'leaving the office without receiving the rate, wag afterwards pajd to the Town Clerk, was vgry strong cvi : deuce to show that there was no intention to distrain. To constitute a trespass some overt act should have been done, such as delivering a warrant. The Judge : Surely that was done. Mr Smith : Delivering the warrant with intention to distrain. It appears from the clerk’s cvichnce that Goodman produced a warrant from a roll of warrants, for the purpigciff showh'g the object of his mission viz., 'to ppilccj; rates. The Judge : lii outer i (l g,oiifctitutc a, trespass, someth jug ought to have been gone by { the person treating it as a trespass to show that lie so regarded it. Mr Smith submitted that what had been done in the case did not amount to that. The Judge.—-1 think the bailiff was bound first to make a demand, and upon refusal he might pul! out his warrant. Air Smith. —That was exa tly what vas done, only in a peculiar maimer. The Judge.—He docs not appear to have mentioned the amount. He began by talking about the warrant. Possibly he may have been jocular ; bailiffs are so sometimes. He hands it to the clerk, who gave it to Ins employers. After some furiher discussion, Air Sindh submitted that any evidence of trespass was of a very iuHuiteaimal character.

His Honor, had lie presided at the trial ami had there hccn a jury, he should have directed that, if they were of oihninn there had been a trespass, he would have told t]mn it was a ease for nominal damages ; at the ‘same time it was quite competent to iipd there whs po trespass. .Seeing that the lornped Judge had 'possession of the case, it would have beep ‘better had lip decided it in a summary way. Had thp ca.se beep befprp him, and lie in the position of a jury, he would have given a shilling damages. With calling on Mr Cook, His Honor proceeded to give judgment. There was no evidence whatever of distress, hi order to constitute evidence of levying of distress, there must be something at all events amounting to a seizure. Generallyspeaking, it was very trifling, such as the laying of a finger on an inkstand, &c., which was 'sufficient. To walk into a private house —ho thought it worse to go into a epuntipg house, with a warrant in his hand, and deliver if, not to the master himself, but to a clerk, iu the pfoseace of other clerks, and possibly iu the presence of strangers, by which it would be conveyed

the impression that a respectable person had been served with a warrant of distress, because he could not pay his rates. He thought there was evidence to go to the jury in support of the count for trespass, 'i lie rule would, therefore, be made absolute unless the defendants consented to enter a verdict for the plaintiff, on so much of the declaration as related to tresspass, 40s, damages and costs, and for the defendants on so much as related to the alleged duties. Be H. Smythies. — Application to lie put on the roll as a barrister and solicitor. 1 Mr Alacassey gave notice that he and Air Kenyon were instructed by the Law Society to oppose, hut wore not prepared to do so because no sufficient notice was given. Air Smythies did not appear. His Honor said he could not take the • motion, it not being competent for him to review the decision of a judge of co-ordinate r jurisdiction, ’ Several matters were adjourned for a week. ; TH BANKRUPTCY. Geo. Humphrey was adjudicated a bank- , rupt, and tlie first meeting of creditors fixed j for the 27th insfc. , The Court then adjourned.