WANDERING STOCK

Hawera Star, Volume LI, 13 September 1930, Page 3

WANDERING STOCK

A MEN AOS TO ROAD USERS'’

FUTURE FiI\J2S TO: BE! HEAVIER

Stressing the fact that wandering stock were a menace to users of tlie road. Air. 11. W. Tate, stated-in the Opu.iiake Magistrate’s Court yesterday that in future cases owning before "him the lines would steadily increase. George Dobbin \rass charged with permitting six cattle to wander on the main road near U'aonui without proper guidance'. He pleaded not guilty and was defended by Mr. Tuoiby, M.r. A. Bennett appearing for tli« county engineer. 'Jibe inspector for the county detailed the circumstances surrounding the case which, arose, out of on accident to a motor cyclist who ran into some cattle straying on the road. Ho went to. the scene with Constable Siniill and they drove the cattle, which, went into an open gateway on Dobbin's property and were pounded there. Next morning be found the cattle in defendant's slic'd. Constable Small gave evidence of the six cows being, on clue road and being collected bv him and impounded. To Mr. Tuohy, he said he could not say whether all wen© dehorned. Defendant in his evidence said that to his knowledge his cows had never been on the road for months past. The ranger, he added, had*been up and down and there was never any trouble. His Worship said that defendant had acknowledged ownership of the straying cows, and the case against him was very plain. The menace of straying cattle had got to stop, he said, for it was a terrible danger. Defendant was fined £3 and costs 10?. ■Remarking on the case His Worship added that he would like the public to know that the fine must steadily increase in future cases and that there was a limit of £lO to which he could go.

DEFENDED CHARGE. A charge- was laid against, H. Pen nington, o*f allowing cattle to wander near Pungarehu. Mr. Croker, for defendant, made a special pl-ea for hearing of legal argument -and His Worship adjourned the case to New Plvmonth. Constable Small gave edtd-ence of a Maori named Mornona driving in a ca.r and -colliding with the cattle. The latter 'brought a man he thought was the owner of the cattle and, owing tt defect ve brakes, again collided with tire cattle. These were, then impounded by the inspector and later defendant claimed and) released them. Hr. Croker pleaded that defendant had not allowed the cat-tie to*.wander, Imt had taken every precaution to, prevent this. He said the facts were that defendant, a farmer in a large way with two* big properties, lrad arranged to graze* cattle at Mr. J. Rutherford T farm, 71 miles from his Rahotu farm, and when Mr. Rutherford went to New Plvnio-uth he told Mir. Pennington to keep an eye on the stock because, there were Maori stock also on the larpi. Mr. Pennington’s son. therefore-, went to the place and watched until sp.m. and fastened the gates securely. Next morning they were found open so that either the' Maoris had let out the cattle when removing their -stock or a trespass had keen committed 1 . He added, m reply to- His Worship, that he would no-c admit negligence on defendants’ part-, because the stock got out from the act of a third party. He urged that defendant could not be convicted of ipermitting stock to be at 1 angle because negligence' kadi not been proved. All that was necessary was for a man to take reasonable precau-

tions. ‘Tn that case, 1 ' tsaid His Woifiship. ‘traffic would have to keep off roads at night.” After referring to ian appeal cm© "wildtill he had hoped would settle the question raised. His Worship agreed to take legal argument at New. Plymouth and then give a decision. Afomema Tamilian,a. was charged with <1 riling a car.-not efinipped l with suffiricut: foof, and hand brakes. After evidence bad been heard defendant was convicted and ordered to pay costs 10s and costs 10s Gd.