AKAROA RESIDENT MAGISTRATE'S COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume VI, Issue 5, 16 September 1881, Page 2

AKAROA RESIDENT MAGISTRATE'S COURT.

TUEsDAY, Sei'j'iiilßEß 13

Before Justin Aylmek. Esq.. R.M. CIVIL BUSINESS. Peter Shadbolt v. Alfred Shadbolt. Claim £5. This was a case in which the plaintiff claimed £5 from defendant on tbe ground that he had illegally impounded hi.° horse, on September 5, at the Head of the Bay. Peter Shadbolt, the plain!iff, sworn, said that he went down to the Head of the Bayou September 5, on a mare, and whilst in conversation with Mr Shadbolt, senior (defendant's father) the mare went aw:iy, and defendant pounded her. The mare was only 100 yards away from witness and on the road when she was impounded. Witness was charged fs driving fee and 2s poundage. He believed the mare was impounded maliciously, because witness had impounded some heifers of defendant's father.

Alfred Shadbolt deposed that he bad found the mare on the road on the day in question ; there was no one in sight, and be took her to the pound. He afterwards met plaintiff a quarter of a mile off, and told him he bad impounded-the mare. The mare had a bridle and saddle on her when be impounded her.

Benjamin Shadholt, father of defendant, said that on the occasion in question, he was talking with plaintiff, who seemed to be slightly under the influence of liquor, •when the mare went away. Libeau's boys were sent after her, but she got right away out of sight. Sho went round a bend in the ioad so that it was impossible for plaintiff to see her. She must have been quite three-quarters of a mile away, and out both of the hearing and sight of plaintiff when defendant drove her to the pound.

The Bench said that they were of opinion the practice had been rather sharp, as tbe defendant probably knew the owner of the mare was near when he impounded her. The evidence, however, of defendant and his father proved that the mare had been legally impounded, as it was at large on the road. A judgment would therefore be given for defendant, but the course taken must be deprecated, as impounding neighbors' stock often led to feuds that lasted for years, and inflicted a good deal of trouble and worry on all interested. The Court then adjourned.