A DAY LATE

Taranaki Central Press, Volume IV, Issue 350, 3 February 1937, Page 5

A DAY LATE

Non-Service Of Summons By Court Bailiff.

At the Magistrate’s Court this' morning a complaint regarding the non-service o-f a summons for possession of a tenement was.' laid before Mr W. H. Woodward, S.M., by Mr Percy Thomson, counsel for plaintiffs in the case. He pointed out that the summons was.' lodged at the Courthouse over ten days ago, and the fact that it had not been served had caused the plaintiffs much inconvenience, as they desired to enter into possession of the house, which was their own property, but had been forced to pay board and lodgings in the town.

Mr Thomson pointed out that had he known the summons would not be served in time for hearing at Court to-day, he would have taken steps to effect service himself, as l defendant was engaged at a business house in Stratford and was available at any time in business hours.

In explanation to the Magistrate, Constable W. Hughes said that in the course of his duties as bailiff he had occasion to go out to Whangnmomona, and was detained in the district for about a week. When he returned to Stratford, he secured the summons from the Clerk of the Court, but defendant would not accept service of same as it was a day less than the legal notice of seven clear days. Mr Thomson, in order to prevent a repetition of the circumstances, suggested the appointment of an assist-ant-bailiff, who would carry out the duties- in the absence of the bailiff himself.

The Magistrate promised to place the facts before the Inspector of Police and embody the suggestion regarding the appointment of an as-sfctant-b&iliff for the district.