THE IMPOUNDING CASE.

Gisborne Times, Volume XXVI, Issue 2343, 9 November 1908, Page 5

THE IMPOUNDING CASE.

INFORMATION DISMISSED

At the Magistrate’s Court on Saturday morning Mr W. A. Barton, S.M., gave judgment as follows in the case of Binnic (Mr. Coleman) v. Jones (Miff. W. Nolan) :—Defendant is charged under the provision, of section 47 of the Impounding Act, 1884, with illegally impounding certain cattle, the property of the informant. lam satisfied upon the evidence that the cattle were lawfully seized by tho defendant, the only question therefore being as to whether the impounding was lawful. It was contended by counsel for the informant that the impounding was unlawful, on the ground that the defendant failed to give to .the poundkeeper, at the time of the impounding, a notice under section 11 of the Act referred to, specifying the description, etc., of tho cattle impounded. Counsel for the defendant, on the other hand, contends that section 11 does not apply in a ease where cattle arc impounded by a public officer under the provision of section 17, of the said Act, but only in cases where the impounding is by a private individual for trespass upon private, laud. I am of opinion, after consideration, that the contention of defendant’s counsel is correct. I have been unable to obtain any assistance from the cases of Rangi v. Reeves, or Meliaffy v. Jury, as in both of those eases the impounding was by private persons for trespass upon private lands. For the reasons given, the information will be dismissed with £3 Is costs.