Impounding Case.

Taranaki Herald, Volume L, Issue 12538, 25 April 1904, Page 7

Impounding Case.

A COMPLAINT FROM KORU. In the Police Court this (Monday) morning, Patrick KiaJl. of Koru, was charged, on the information of Marion F. I). Lislo, that on April sth, at Carrington Road, he did illegally impound a bay marc, the property of the inforinant. Defendant, for whom Mr Quilliam (Govett and Quilliam) appeared, pleaded not guilty. Mrs Lisle conducted her own case, and made an opening statement. She then called, Frank Lislo, husband of informant, who stated on April 3rd ifoey received a note from Rial], stating he had impounded a bay mare, he believed to be the property of witness and his wife. He saw Riall and asked what was to be paid to release the mare. Riall replied 15s, and witness then asked him the particulars of the amount, and subsequently told Riall to put it in writing. Riall wrote out a receipt for 15s. Witness offered Riall (is 6d. which he refused to accept, and defendant then came away. He understood verbally from Riall that there were 12s for driving, 2s for poundage, and Is for damages. Riall 's land is not fenced legally. The mare was in Riall's pig * paddock with a rope round its neck. He previously saw the marc in the Koru school grounds. By Mr Quilliam : — He was certain he offered Riall (>« Gd. John Old, farmer, gave evidence that he was at Riall's place when Lisle c» me for the mare. He heard Riall tell Lisle the charges wore 155,! and the hvtter usked him to put it in writing. Riall made out a paper, and Lisle offered 6s (id, but the former would not accept it. Lislo then left. By Mr Quilliam :— Ho never saw Lisle tender the 6s 6d to Riall. Andrew Cole, jun., poundkeeper, Carrington Road, stated his pound was nearest to the property of Riall and Lisle. Riall impounded informant's mare on April sth, and claimed 12s for mileage, the distance he had driven tHe mare. Mr Xisle'paid £1 6s 6d to release the niare.' ' f By Mr Qullliam 1 : H& pcAihd 1 tois the nearest all things "considered. 1 Mr Quilliam, for the defence, asked that the information be- dismissed as (here wu« ho evide.wctv to> support a charge, of illegally, impounding the marc. There, might* be some evidence of -retting 1 an exewsivo fee,,- but nothing to, support Ulf-gaJ. impounding. FTis hehr the evide.nc'c. Mr Quilliam called,

Patrick Biall, larm'er at Koni, ; WtaVed ho found the maro- on his property" on April 3rd, and he 'took tier- to th« Carrington Koad pormd on April'- sth. On the 3rd Lisle did' -not tender Kirn any money. -n '^ >- ' By Mrs Lisle: He did ' not ' give written particulars of the mare to ~the poundkeeper. After he had sent them a note stating that -he was going 'to impound at New. Plymouth 'he found but Carrington Road' pound was nearer, and he took the mare -there. He was positive that Lisle did - not - 'offer him 6s 6d, but be believed Lisle said, " I will not give you more than - 6s 6d.'\ 'Part of the-farin was not fenced where some bush had been cleared. He /Was. occupier.: of. the place-. > He made tout a* receipt, j Sor 15s,- stating he claimed 10s for >, breakage of a ga^p and , 5$ for -damage . to a fence. .Mr Lisle, "on behalf .of Jais- wife; submitted tjfot 'ho ' offered the proper fee on Apf«&3fd, and ! \vHat Biall', did with^ue^Sai-e afterwards ! yas Riaff^a^not'^ complied , wi^h\ "t^e Taw as,h.e^i^^.,give Mfri^ten particulars to WD^S^^keeper. . They had ,no wisw; tP g&>. idefeivJaAt fined, and. only brought the .case ,to have' r the ventilated. He thought thie'y Were entitled to their ' expenses and a "refund of fees. ' t ■_" ' ''■" „ ' Mr Quilliam' contended . that defend- 1 ant had .legally .impounded,, JJhip i&axe, and there was^no evidonQethat"the mare was illegally impounded by {he defendant. f'he tlcft-ndant Had neVer previbusly impounded l anfma^s jbelonamj*; ip the Lisles, " - s , _,' J3is Worship said, that delendant^Jn fmpounding the mare had 'not cdmplied with) the law as lie 'had' nVrt given written^particularff *to tWpx>uiidfce<^per. A man ' tb; !m^6iiM legally must comply with s^c' 12 cS)the ,Act. The defendant would be convicted 'akd fined 10s, and ordered to pay costs,