"EXEMPT FROM SEIZURE."

Dominion, Volume 5, Issue 1341, 19 January 1912, Page 4

"EXEMPT FROM SEIZURE."

HORSE USED BV CROWN SERVANTS. The following letter, which was Tead last night at the monthly meeting of the Onslow; Borough Council, caused a good deal of amusement:— Headquarters, Wellington Military District, l'almcrsfon North. The Town Clerk, Kaiwarra. Sir—l have the honour to inform you that on the night of November 1 6, 1911. a horse belonging lo the Defence Department was liberated by some unknown person from the yard in which it was kept, at Lower Hutt. Tho horse was. after'wards found in the pound at Kaiwarra, and the sum of h 3s. w«s paid for its release. The case was referred to tho l.rown Law Officer for his opinion, and tho following ruling was given:— "I am of opinion that quite apart from Hie provisions of Section til of Die Defence Act, IDOfl, horses used by any servant of the Crown arc exempt from seizure under the Impounding Act, because the Crown is not bound by tho Act. Section 91 of the DeI'enco Act, 1909, however,'makes tho mailer additionally clear. 1 am ot opinion that the amount paid in tins case is recoverable either from tho local body concerned or from tho pound-keeper, but would suggest that if tho matter is put before the local authority-by letter it will no doubt at once make a refund." I shall be glad if yon will refer this matter lo your council for consideration, mid let me have a reply at your earliest convenience. (Signed) J. T. Bosworth, Cnpt.. A.A. aud Q.M.G. Councillors expressed the opinion that if the Government horses were not: to bfl impounded in such circumstances (hat thev should bear nn official brand. Alter'the matter had been discussed if was decided to send to headquarters a letter couched in suitable language, explaining that the pound-keeper was unaware that the horse belonged to (he C'rtwii a( the time it was seized.