QUERY IN COURT

Hawera Star, Volume L, 27 November 1930, Page 5

QUERY IN COURT

PROCEDURE DISPUTED. WANDERING STOCK CHARGE. Arising from a technical point, at law raised by counsel for defendants, Mr. J. H. Salmon, S'.M., stated in the Hawera court yesterday that he would reserve his decision * as to whether a case to be answered existed in proceedings taken against Roy Hayward and Emily Hayward in respect of stock alleged to have been found at large at Obawe by the Hawera county ranger on November 5. Roy Hayward was charged with being the owner of eight horses found at large and Emily Hayward with being the owner of a bull similarly found. , .. . Mr. J. Houston appeared for the Hawera County Council and Mr. A. K. North for defendants. The ranger (Mr. E. P. Grant) gave evidence of having found the bull on one road and the eight horses together, on another road. STOCK NOT IMPOUNDED. Replying to Mr. North, witness said he knew the bull belonged to Mrs. Hayward. Only two people at the beach had such horses as those found; these were Roy Hayward and a man named Crowley. Witness knew they were not Crowley’s horses and they therefore must belong to Hayward. No one was in attendance when witness saw the animals. He did not- impound, them. ' - Mr. North • submitted there was no case to ansVef, as under the Impounding Act, in respect of which the particular information was laid, the impounding of the stock was a condition of the completion of an offence. He further stated that under the Police Offences Act the permission of an owner must- be shown. Mr: Houston submitted that, irrespective of permission by the owner, tho fact of stock being at large "constituted an offence and that impoimdin«r was not necessary to the success of a prosecution. Remarking that a nice point had been presented by Mr. North, the magistrate said he would take time to consider whether there was a case to answer.