MAGISTERIAL

Timaru Herald, Volume LXXV, Issue 11592, 30 October 1901, Page 3

MAGISTERIAL

TEMUKA—TUESDAY, OCTOBER 29th, 1901. (Before MU C. A. Wray, S.M.) FAILING TO OBEY.

J. Williams v. J. Findlav, junr., claim £l3 7s 6d.

Mr Aspinall for complainant. Defendant offered to give an order for £6, and pay at the rate of 20s per week. The case was adjourned for a month on this undestanding. ILLEGALLY IMPOUNDING.

Frederick Demuth was charged with having, on October 20th, illegally impounded six horses belonging to Adam Edgar. Mr Raymond appeared in support of the information, and Mr AspinaE for the defendant.

The facts of the'case, as outlined by Mr Raymond, were that on Sunday, October 20th, Mr Edgar had six horses on a road near his section at Rangitata. At a distance of about three-quarters of a mile he saw a man in charge of the horses. Mr Edgar borrowed a norse and sent a man after the horses, but meanwhile they had .turned down a bye-road. The messenger anticipated that they would have kept om the main road, .and that he would have overtaken them' about Orari. They we're taken to the Temuka pound and released on payment of 20s, of which 14s was charged for 1 mileage. It was contended* that tney' ahould have been impounded at Geraldine, which is nine miles from Rangitata, and as an exaggeration of the offence it was urged that the horses were unnecessarily over driven. After hearing .the evidence of Adam Edgarj Mr Aspinall admitted that the Geral-' Hine pound was the nearer. He stated that the defendant is poundkeeper and ranger at Temuka and the Rangitata district. He had always understood that stock should be taken to the Temuka pound. His Worship said that he had always maintained that-it was a mistake to have the offices of poundkeeper and ranger combined.

F. Demuth, the defendant, gave evidence. His Worship said he would treat fhe offence as one of inadvertence rather than one of intention. It was a serious one, as the defendant must know, but he would make the penalty a nominal one. He would be fined ss, and ordered to refund fees illegally received. The Court then rose.