An Impounding Case.

Manawatu Herald, 1 March 1904, Page 3

An Impounding Case.

VERY important decision.

A decision of some importance to owners of stock was given by ‘Mr Kettle, S.M, at Wanganui last week. The facta on which the judgment was based were as follows A horse belonging to Maoris at VVaitotara Was found by Mr Wall, the county ranger, on the main road near Nukumaru. The ranger seized it under section 17 of the Act, and proceeded to drive it to the nearest pound, at "Waverley, a distance of 10 miles. On arriving at Waitotara, 7 miles from the pound, the ranger was met by the Maoris, who claimed the horse, The ranger refused to give up the horse till he was paid 10s driving fee, i.e,, Is per mile from the place where the horse was seized to the Waverley pound (10 miles). ; The natives demurred, but ultimately paid the amount under protest. , They were willing to pay for the three miles at Is a mile, but the ranger refused to accept less than the 10s for 10 miles. The natives sued the ranger to recover what they contended was paid in excess. His Worship decided—(l) That the horse was unlawfully seized by the ranger under section 17 of the Act; (2) that the ranger’s statutory duty after seizing the horse was to drive it to the nearest pound and hand it over to the poundkeeper; (3) that the ranger had no right to take fees from .the Maoris, and that if he had such right he would have been entitled to 10s driving fees; (4) that all fees under the Act in respect of horses seized by the ranger should be paid to the poundkeeper when his horse is released from the pound. His Worship pointed out that the I Act was defective and should be I amended by inserting a clause rea ranger to deliver the, wPpher’s horses found on roads when ' * the owner turns up and claims them before they have reached the pound, on payment by the owner of Is per mile for the actual distance which the horses have been driven by the ranger.—Chronicle. \