The Impounding Question.

Hastings Standard, Issue 59, 4 July 1896, Page 2

The Impounding Question.

NO ALTERATION TO BE MADE IN THE BYE-LAW r S. j At the Borough Council meeting on Thursday evening a discussion took place on the petition and counter petition re the impounding bye-laws. In presenting the petition signed by 180 burgesses against the present system, Cr Tyerman said it was tyrannous that persons, often poor people, who had the misfortune to lose their cattle should not only have to pay the fees incidental to impounding, which he considered quite heavy enough to act as a deterent, but were subjected to a second punishment for the same offence by being prosecuted. It was demoralizing that self respecting citizens, often ministers of religion, should be made to made to appear in a police court, and be fined on account of the carelessness or malice of their servants. He was sure the spirit of the Act never intended to punish people twice for one transgression. The law was made to prevent people allowing their cattle to wander on the public road, but not to punish him twice. It was un-English. It reminded him of knocking a man down and then kicking him. He proposed that the penalty indicated in bye-law 110 be not enforced. Cr Cullen agreed with the remarks of the previous speaker. Several working people were unfortunate enough to lose their cattle from their paddocks at one time or another and besides paying impounding fees, and the fine at the Magistrate's Court, they had to lose a day's work, which they could not afford to do, to attend the Court. It was simply monstrous. If the ranger did his duty, as he had been doing lately, he thought the expenses incurred by impounding the cattle would be sufficient punishment. He had pleasure in seconding the motion. The Mayor said he heard something of this petition being about to be presented and he took the trouble to get the advice of the Borough legal adviser on the matter, and according to that authority, if cattle are impounded prosecution must follow to comply with the Act. The only thing to do if they wished to grant the petition was to abolish impounding and dismiss the ranger. Cr Linney objected that the names subscribed to the petition were not all ratepayers. Were the council to go to the expense of maintaining the roads for unscrupulous people to feed their cattle upon '? Even if once in a way an innocent person was summoned they should suffer and be thankful there was a law to protect them. Cr Williams said the real question was, Are Ave to repeal the bye-law ? Cr Murdoch opposed the petition of the free graziers. In looking over the petition he recognised the signatures of several law-breakers, who coolly asked permission to continue to do so at their own sweet will. Not only are straying cattle an inconvenience, but they are a serious danger to public life and limb. It was merely a catchword to say persons were punished twice for one offence. There was only one punishment. Every one understood that in transgressing the bye-law they incurred not only the impounding expenses, but also the subsequent Magistrate's fine at the Police Court. People who wished to uphold the law would keep padlocks on their paddock gates. The law, so far from being too severe, was not stringent enough, because there are people who wilfully let their cattte stray in defiance of the law. He thought the public should be protected against the law-breakers, and not the law-breakers against the community. Cr Beilby thought time was being wasted. The Council had no power to comply with the petition even if they were disposed to do so. Cr Beecroft said the Act compelled them to enforce the penalty. Cr Tyerman said with all due respect he would not submit to the ruling of any solicitor on the matter. They did not summon in other places. At a previous meeting Sergt. Mitchell was instructed by the Council to use discretionary power in prosecuting. There were several bye-laws with penalties attached which were never, and likely to be, enforced. Cr Murdoch said he did not remember the minute instructing Sergeant Mitchell. The Clerk confirmed the minute referred to. After further discussion the matter was allowed to drop, no action to repeal tills bye-law being taken.