SERVED ON SUNDAY.

Pukekohe & Waiuku Times, Volume 3, Issue 186, 14 April 1914, Page 2

SERVED ON SUNDAY.

When a Summons may not be Served. A Brush In Court. In the Magistrate's Court, l'ukekohe, Herbert Kelson Hin.on was charged that on March Ist, 1914, at Tauranganui, he did serve a summons on a Sunday. It appears that Hin ton was employed by E. Muir, of Kohanga, who wished to have about twenty summonses served upon Maoris at Tauranganui in connection with a sheep-worrying ca>e. From Constable Moore's evidence it appeared that Hinton admitted he had served the summens en Sunday, saying that that was the only time that the Maoris could be got at home. He knew it was wrong. Mr Haddow, who appeared for accused: When he saiu he knew it was wrong, did be mean he knew it was a crime or that he knew the service wai void? Constable Moore: He said he knew it was wrong. Thai's all I know. The constable added that he did not think it fair to be asked to serve 23 summonses upon thes3 Maoris for £3. Mr Haddow eaid this case was clearly taken in a spirit of revenge. The constabh wanted £25 to serve the summonses.

Constable Wiilcocks: I absolutely deny that I asked £25. 1 said I could not take less than £lO and Mr Haddow knows he is not telling the truth when he says I asked £25. Mr F. V. Frazer, S.M., said he was sorry there had been a dismite over the summonses but he thought this discussion was out of order. Mr Haddow said he had had considerable experience in New Zealand and had never corns across a case where a case like this was taken out of revenge. The law under which this case was taken was lifted out of an act of Charles, 11., some 250 years ago. That old Act had made it illegal to go on a boat on a Sunday, and its existence had never been discovered until in little Pukekohe someone treads on the corns of Mr Bumble. Constable Wiilcocks: I say that the remarks Mr Haddow is making are untrue. Mr Frazer said this clause had for some reason been lifted out of th 9 Act and entered into the Supreme Court Act. It was not a very serious breach of the law in any case.

Mr Baddow said that robodv said there was any harm in serving a summons on a Sunday any more than to play cricket on Sunday—but the constable had been deprived of £25.

Constable Willcocks again strongly protested against this statement. He explained that the counsel for the other side had pointed out that the summons had been served un a Sunday and it was his duty as Clerk of the Court to point out the matter to His Worship where summonses had been improperly served.

Mr Haddow said this was not the first trouble he had had over 'he fees for serving summonses, and the sooner it was got over the better. When a charge of £22 or £23 was made it did not mean that the constable would have to go 22 or 23 times, but once. The officials were not here to milk the public, but to serve the public. TheS.M. said he was quite prepared to take into onsideration anything that went to mitigate the offence, hut he could not see how this discussion with the constable was going to help the matter. As to civil cases he supposed it might be said that nine-tenths of them came to court in "a spirit of revenge." It was the duty of the public officers to take action when necessary. Constabh Willcocks: Especially when your Worship mentioned it at the last Court. I'bc constable went on to explain that when these summonses were brought to this Court for service, ex-Constable McGoveri/, who was in Mr Haddow's office, approached Constable Watson saying lie had eight or nine summonaes to be served in Tauranganui for which £4 10s could be got. But when the summonses came down it was found there were twenty, and Mr McUovern then said that perhaps they could manage £5. Knowing the country, Constable Willcocks said he could not get the summonses served for less than £lo.' As it turned out the accused had had five we:ks to serve the summonses in and he had not got them all served yet. It was not a matter of going once; one had to go often. Launch hire had to be pall After saying he (Constable Willcocks) could not do it for less than £lO, Muir went to Constable Moore and asked him to do it for £3, eaying that Constable Willcocks wanted £2O. It was suggested that a constable could serve these summonses in a day, but the man living on the spot had only been able to serve nine in a week.

A rejoinder by Mr Uaddow was arrested, the S.M. saying that both sides had had their say. No doult the service of the summonses oti Sunday was an absolutely void service, but in order to save trouble it had been arranged that the defendants would accept the service as good, However, that did not alter the fact so far as accused was concerned. He did not intend to impose a fine but a conviction would be entered and accused ordered to pay 7s costs.