Town Council and “The Extortion of Bough”: William Strong v John Elliott: This was a peculiar case. The claimant sought to obtain judgment for £1 13s, for damages sustained in the consequence of an illegal distraint. Mr. Floud appeared for the plaintiff, Mr. Merlin Fryer, instructed by Mr. W.D. Moore, Town Clerk, defended. Mr. Floud, in explaining the case, said there were two points in it for consideration: its merits, and the law which it involved. Mr. Strong rented from the Town Council certain premises in the Commercial Road under a lease. The Council demanded a year’s rent, which Mr. Strong agreed to pay; he, however, resisted a claim for £1 13s for alleged expenses of illegal distraint. This claim was monstrous, and the plaintiff was fully justified in resisting it. The first content was the Elliott, who was a bailiff in the employ of the Council, had no legal authority to make the distraint, the second, that if even he had that authority, he had no right to demand the expenses until the goods were impounded – which they never were; and that the plaintiff offered rent, which was refused, ultimately paying it and also the expenses – the latter under protest … Willey said he had a warrant, and pulled it out of his pocket voluntarily, but he was not asked to produce it. He gave it to me to look at. As I was looking at it Strong made a grab at it and put it in his pocket. – Mr. Pinsent was also called. He saw Strong tender the rent to the bailiff, and heard him after that order the bailiff off the premises … (warrant was not sealed … question of legality) …
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