RESIDENT MAGISTRATE’S COURT.

Temuka Leader, Issue 2567, 12 October 1893, Page 3

RESIDENT MAGISTRATE’S COURT.

TejilUka—Tuebdav, October 10m

Before D. L. Inwood and James Guild, Esqrs., J.P.'s. ASSAULTING A BAILIFF.

Wm, Lynch, Kate Lynch, and Norah Lynch were charged with unlawfully assaulting George Levens, a bailiff, while in the execution of his duty. Mr J. W. White appeared for defendants, who pleaded « Not guilty."

Geo. Levens said that he was instructed to execute the warrant produced. He went on to the premises, and was met by Kate Lynch, and told to go back. Told her he would have to take anything seizable. She then took hold of him, her daughter-in-law and Wm. Lynch assisted, and he was pushed out by ma.in for-qe, He was handled roughly, and his buttons suffered considerably. Through their action could not make the necessary search. Produced authority from the Clerk of the Court to act as bailiff.

By Mr White : Acted as bailiff of the R.M. Court under authority produced, Had not been sworn in as a peace officer. On day in question hung his horse up inside the fenge. Did not hustle anyone. His clothes were handled roughly, Ho did not suffer any ill eft'eots, Did no* produce any warrant. Told tH-- . business. Had attempted *' ~ in 'I 18 warrant about a mo^' fl "°. executo the Thorny BjTarke, bailiff 'of"the" R.M. your.m the district of Temuka, authorised to execute the warrant produced. He ftA4 been the assistant bailiff of the Gp.uj't for years. G. Levens, re-called : Had executed warrants for the Court for years. Doubted if any were issued from the Court without his assistance.

Mr White, for the defence, stated that as a matter of fact Mr Levens hustled Mrs Lynch, seiir., and it was in consequence of this that, with the assistance of her husband and daughter-in-law, ho was ejected. He then proceeded to tpiostion the validity of Mr Leveua'a appointment, ns a bailiff, Th.e tvuiiiF of the Conrr, wms really My Bourke, and any oilier baililf have to be appointed by die Resident Magistrate. If so appointed ho Would be a peace officer, practically a oonstablo, and he would, as part of his duties, have to attend sittings of the Court. He asked their Worships to consider the case very oarefully, as it was a penal offence to assault a bailiff, and every point* should be construed as favorably as possible to the defendants. Catherine Lynch gave evidence as to Mr Levens comiug over to her husband's pl.ico. Iti entering the premises she was hustled, and she pushed him back. There was some little alterca ion, but she did not see any buttons fly. Wm. I. ynchgavocorroboraliveevidence. The stock on the place belonged to his wife, whi> had them given to liwr after his bankruptcy.

Goo. Levens, recalled by the Bench, said that he was instructed by the person taking out the distress to take anything found on the premises, and stand an interpleader if necessary. The Bench considered it not a case fur the penalties imposed by the Act, which were severe. They deßired to caution defendants as to their handling of bailiffs, I but would dismiss the case. obstructing a thoroughfare. Geo. Woodhead was charged with wilfully obstructing the thoroughfare by leaving a dray outside the saleyara. Defendant pleaded not guilty to obstruction, but admitted he had left his dray in the street for a time. Constable Bourke stated that there were six other cases. It had been found necessary to take out summonses in these cases, as the practice of persons attending the sale tying their horses to fences was a nuisance. Fined Is and costs. Joseph Ashwell, James Patten, John Fanning, and Win. Hide, for similar offences were similarly fined. HORSE UNATTENDED. Thomas Powell was charged with leaving a horse and dray unattended. Fined 5s and costs. civil cases. Whitehead & Son v G. Husband.— Judgment summons. Adjourned for two months. E. C. Daun v. John Woodhead —Claim £6 2s lOd. Judgment summons. Defendant was examined as to his means aod it appeared that he was practically dependent upon his father. The case was adjourned for a month. A. Colville v. W. Johnson —Claim £1 18s 6d. This was a claim for rent and possession of property. Mr Sim, agent for the property, appeared for the plaintiff, and produced authority. He stated that the defendant entered the house by false representations. No definite arrangement was made. He paid a week's rent, 5s 6d, in advance, and promised to see the owner about an agreement. He did not see the owner. Had given him notice to quit, but he would not leave. Had offered him a month's rent free if he would leave in a week. Defendant stated that on June 6th he went to Mr Sim, as Mr Colville's agent, and looked at the house. Agreed to take it at 5s a week. Witness proceeded to make explanation as to position when the Bench stopped him. Admitted having notice, but could not comply with it as he had no house to go to. Judgmentforamountclaimed, £llßs6d, aud an order made to give up possession in a fortnight. Marshall v. Piskey—Claim £lßs. —Judgment for plaintiff for amount claimed and costs. J. Brown v. W. Duncan Claim £ll 17s 2d.—Mr Salmond for plaintiff and Mr White for defendant. i

Mr Salmoud proceeded to open tho case for plaintiff, when the presiding Magistrate iutimated that it appeared his colleague, Mr Guild, knew something of the case, and preferred not to sit. Under the circumstances an adjournment was agreed upon, Mr White intimating that he should take advantage of Mr Guild's candour, and call him as a witness

The case was adjourned for a fortnight, The Court then rose.