POLICE COURT.—THIS DAY.

Auckland Star, Volume XXI, Issue 261, 4 November 1890, Page 5

POLICE COURT.—THIS DAY.

(Before Dr. J. Giles, R.M.)

Drunkenness.—One firsb offender was fined ss, or 24 hours in default. Walter Chapman, for having been drunk, was fined 10s, or 24 hours' hard labour. Charles Buckly was fined 10s, or 48 hours for drunkenness, and 40s, or seven days for having maliciously broken ono doorlock, value 3s, the property of Mary Dougherty. Impounding Act.—Levi Stanton was charged with having committed a breach of the Impounding Act, by illegally impounding one cow and calf belonging to James Burke.—Defendant pleaded not guilty. — Mr E. Mahony appeared on behalf of the complainant.—Mr Stanton objected to produce his official ap-pointment.-—Dr. Giles said that being the case, he should feel it his duty to represenb the matter to the local Board, as he did not believe .'that anybody would wish that their officer should refuse to produce the authority under which he acted. Defendant then produced the documents required.— Mr Burke deposed that he resided at Epsom. He iniesed his cow and found her with a calf in the Mount Eden pound. Defendant at first said he got the cow out at Mount Roskill, but afterwards he stated it was at the back of Judge Gillies , place. Witness had heard thab the cow was taken from Seccombe'e Road. That road was in_ the Epsom district. Defendant claimed 3s for driving and pound fees. Witness , paid 2s under protest. There was no ranger for the Epsom district.—John Andrews deposed he was present at the pound on the day in question. He corroborated the statement of last witness. Finally, Mr Stanton consented to take 2s 6d. Defendant had no authority from ' the* Epsom . Road Board to act as ranger in that district.—By Mr Stanton: After some talk witness did admit that' he got the cow at Epsom. He said he was looking for a cow belonging to Mr Sandall.—Levi Stanton deposed that he was poundkeeper for the Motint Eden Highway District. On Friday he received notice from Mr Sandall that he had lost ? a cow and calf. Witness . secured the cow in question, thinking that itwaa MrSandall's. Burke came to his house and claimed the cow. Witness admitted that he had made a mis* take, but claimed his fees under clauaa 104 of the Public Works Act. The road from which he took the cow wae fenced on both * sides. He never told anyone thab he took the cow from the Mount Roskil J district. Dr. Giles said that the eectioii oi the Public,

Works Act gave the right to any person to impound a cow under the circumstances. He considered that the defendant had answered the case. There was no getting outside that clause of the Act. Hβ should not, however, allow costs if applied for, as the right thing was to have given up the cow when he had made a mistake, but as the defendant had stood upon the letter of the law the case must) be dismissed.