Manawatu Herald FRIDAY, AUGUST 22, 1879. THE COUNTY COUNCIL AND THE POUND.

Manawatu Herald, Volume I, Issue 100, 22 August 1879, Page 2

Manawatu Herald FRIDAY, AUGUST 22, 1879. THE COUNTY COUNCIL AND THE POUND.

When we penned our remarks for Tuesday's issue re impounding cattle, we had no idea a test case was to be heard on the following day. It will be seen from our Court report, however, that Mr Hadfield, of Moutoa, on Wednesday last gained judgment against Mr Cook, the Foxton poundkeeper, for impounding 120 sheep, and the Magistrate expressed views identical with our own. The result is, that Mr Cook will be compelled to refund all fees received for cattle impounded by himself. We certainly think that some steps should be taken to prevent persons turning their cattle loose upon the streets, but Avhatever course is adopted should be legal. This has not been the case in the past, and the whole responsibility rests with the County Council. Dr. Eockstrow and Mr Grower were Appointed to make the best possible arrangements. A specification was drawn and signed by the Engineer. This Mr Cook agreed to. Dr. Rockstrow also agreed, " subject to the Chairman's approval, '' and that was the whole notice the Council took of the matter. No signature of the Chairman was on the document. No agreement was made between Mr Cook and the Council, and not a single scrap existed to bind the parties, but the signatures of the poundkeeper and Dr. Rockstrow. Now the Act distinctly states that documents, to be sufficiently authenticated, must be signed by two Councillors, the Clerk, or Chairman. In this case, there was one Councillor's signature, and that was all, as the Engineer has no legal status, according to the Act, unless specially given by resolution. In fact, his signature was merely to authenticate the specification, and had no connection whatever with the agreement. We certainly are surprised that Councillor Eockstrow, with his vast legal acumen, his deep knowledge of the technicalties of our laws, and his perfect mastery of the great principles of jurisprudence, should have signed a specification authorising the poundkeeper to do an illegal act. But there are spots in the sun. Doubtless with that sublime " weathercockism " he invariably displays, he will soundly rate the Council at next meeting for allowing him to put his name to such a document. We shall be indeed surprised if he does not. At any rate the experience will be a lesson to the Council of the necessity of haying a better system of authenticating their documents, although the electors of Awahou are not pleased that they have had to suffer the annoyance. It is probable 'Mr Cook will send in a claim to the Council for the amount of the fine in which he was mulcted.