BAILIFF ASSAULTED .

Hokitika Guardian, 1 June 1926, Page 1

BAILIFF ASSAULTED .

A WELLINGTON CASE. WELLINGTON, May 28. When the bailiff of the Official Assignee searched the premises of Joseph C, Frost, poulterer, Alolesworth Street, lie took possession of a bank book belonging to Flrenee Grove, an occupier of the premises. Airs Grove was out when the bailiff called, but encountered him when she returned home, and objected to his presence in a very emphatic manner. As a result of her actions she was charged in the Magistrate’s Court to-day with assaulting the bailiff, Robert James Kells. It was explained by Air Macassey, who prosecuted, that the Official Assignee applied, under section 89 of the Bankruptcy Act, 1908, to tlie Supreme Court for the issue of a search warrant to search the premises occupied by Frost and Mrs Grove in Alolesworth Street for the purpose of obtaining any property relating to tho affairs or property of Frost, who had been adjudged bankrupt on April 23. Kells, in evidence, said he found two bank books, one of which showed that Mrs Grove had drawn £3O out of tho bank on the day of the bankruptcy. “ When I was talking to a constable, Airs Grove and Frost came in,” said witness. “I asked for her bag, and she turned the contents on the table. She immediately rushed out of the room mid found her bank books were gone. She made a grab and caught me by the throat and smashed my watch chain and damaged my watch. The policeman interfered and then she went away.”

To -Mr Alnlfroy (who appeared for Mrs Grove),, witness denied that he accused Airs Grove of stealing £4O. He followed her to the telephone to hear what her solicitor was going to advise her to do.

Air Alnlfroy submitted that the bailiff had no right to take the post office hook, which was the property of Airs Grove. He had the right to receive the property of bankrupt only. Evidence was given by Airs Grove and by Frost. The latter said he considered -Mrs Grove had a right to object when the bailiff came near her, because the man smelt.

Afr -Macassey: Please dont’ get insulting. The Magistrate, Air Page, said he agreed with counsel that a person had the right to use reasonable force to get back property which was being unlawfully held, but in this case, where the bailiff took the property with a colour of right, he did not think that that defence was justified. It was quite clear that an assault had been committed. Complainant was a public officer, and a public officer must be protected. The woman, no doubt, was excited, and lost her head somewhat. A fine of £5 was imposed, and an order was made that £T be paid towards the repair of the watc-h and chain.