Wednesday, 3rd September.

Tuapeka Times, Volume VI, Issue 293, 11 September 1873, Page 5

Wednesday, 3rd September.

(Before E. H. Carew, Esq., R.M.) Hinde v. Hay. —This was a case brought to recover the sum of £15, being the value of furniture said to have been wrongfully sold by him as auctioneer, the said goods being the property of one John Reid, a tenant of the plaintiff, who owed the amount named as rent. The goods had been removed to the rooms of Mr. Hay for sale, and the plaintiff now sought to recover the value thereof on account of rent then due. Mr. M'Coy for the plaintiff; Mr. Mouat for the defendant. William Hayes, agent for plaintiff, deposed that early in July he heard of the removal of goods from Reid's Cafe" de Paris. At this time Reid owed £15 for rent. Went to Mr. Hay's rooms about 10 o'clock in the morning, and asked if he had any goods belonging to Reid. He said he had, and read an inventory of them, which he (witness) copied, and then said he claimed the goods on account of Mr. Hinde for rent due. Mr. Hay said " All risjht; give me an indemnity," which he promised he would do, and after, wards sent it by Mr. Farrer. The next day he with Mr. Hinde went to Mr. Hay and demanded the goods, taking a chair and removing it outside, and while in the act of taking another Mr. Hay seized him, and afterwards-took a poker J and threatened to break his skull if he presumed to take any thing off the premises. Mr. Mouat contended that no legal distress had been made, no proper notice having been given at the time of entry, and in support of which he quoted at length from Distress and Replevin Act, 1868, Wilson v. Nightingale, 15 L.J., Ex. 65, Reid v. Fulton, Macass 734. Decision postponed till Friday. John M'Culloch, charged with being drunk and disorderly <m th 6 evening of the 2nd September, was fined 10s. and costs. F. 0. South, similarly charged, was fined the same amount.