PAEROA IMPOUNDING CASE.

Thames Advertiser, Volume XXVII, Issue 8161, 28 June 1895, Page 2

PAEROA IMPOUNDING CASE.

A rather interesting case under the • Impounding Act came before, Messrs N» '': Zcnny and J. McAndrew, J.P.'s, at the . Police Court yesterday v whenF. -*.lley brought an action against Tukukino, ;> '• ■':'-, Hunia, and another native, claiming the C refund of damages paid to the poundkeeper under protest, on the grounds that ■ the damages claimed, and which had to ;' be paid before certain cattle were re--leased, were illegally charged, inasmuch, as the land upon which the alleged trespass took place was unfenced._ Mr Kenrick appeared for the complainant, and Mr McVeagh-for the defendants,: Mr McVeagh raised the point that, the complainant had not given notice of his . intention to complain to the Justices of v the illegal claim for damages within the time prescribed by sections 9 and 10 of the Act. Mr Kenrick replied, and con. tended that the Act did not specify, the timo when the notice should be but only the time (10 days) within which action must be taken after notice had been given. He also maintained that no . written notice had been given under section 11 of the Act, and as aconse? .. quence, the impounding was illegal from'". .; the commencement. After the evidence had been given, and argument on.both sides concluded, the Bench decided that there was uot sufficient evidence .to connect the defendants as the parties who impounded the cattle, it having turned out during the poundkeeper'a . evidence that he personally had not impounded .the cattle, but his son. The msewas therefore dismissed, each-party ;o pay thoir own costs'