Illegal Impounding Established

Manawatu Times, Volume LVI, Issue 7106, 15 March 1933, Page 3

Illegal Impounding Established

FEILDING COURT DECISION Reserved judgment was delivered at tho Feilding Magistrate’s Court yesterday- by Mr. R. M. Watson, S.M., in the civil proceedings in -which Richard Drummond, of Awahuri, sought to recover from Archie Reid the sum of £5 damages for alleged illegal impounding of four horses, together with fees and costs incurred.

In giving judgment tho Magistrate said that he found on the evidence that on January- 22 last four horses of complainant strayed upon the property of defendant, knocking over a fence when doing so. Defendant telephoned to the Feilding poundkeeper instructing him to impound the horses. Defendant did not give the poundkeeper any particulars in writing as required by section 2 of the Impounding Act, I9OS. The horses were in poor condition and hungry-. On Thursday, January- 22, complainant’s solicitor communicated with the poundkeeper and on tho following day forwarded, under protest, tho required fees. The poundkeeper was notified that complainant contended that the impounding was illegal and intended to lay an information. The poundkeeper did not rolease the horses until January 27. Tho Magistrate found that inasmuch as defendant failed to supply tho particulars required by section 2 of the Act, the delivery of tho stock to tho poundkeeper w-as illegal. He accordingly found that the impounding w-as illegal. In assessing the damages the Magistrate took into consideration the fact that defendant did not go looking for the horses until January 2-1 and also the fact that they were in a poor condition, and hungry. He assessed sustenance fees at 22s 6d and considered £.l damages ample in the circumstances. Defendant was ordered to pay complainant’s costs amounting to £2 ,12s Od.

At tho hearing Mr. D. C. Cullinane appeared for plaintiff and Mr. J. Graham for defendant.