AN IMPOUNDING CASE.
Tozer v. Ranger.
(Before A. D. Thomson, S.M.)
At the local S.M. Court yesterday, G. Tozer (Mr Read) sought to recover the £um of , driving and impounding fees, from the Borough Ranger, S. Peek (Mr Moore). George Tv zer, plaintiff, said in evidence, that on the 22nd January last water was very scarce in the Borough, owing to the windmill being out of action. Arranged with a neighbour on the day in question to assist him to sink a well on the railway proper ty plaintiff is leasing from the Railway Department at Motuiti, outside the Borough boundary and in the Awahou Riding of the Manawatu County Council. Left instructions with his wife that his boy was to bring the cows to Motuiti as soon as they were milked. The well was finished as the boy. arrived with the cows. Went over the fence to assist him to drive them through the gate, when the ranger cantered up. Asked plaintiff if they were his cows, and he replied “ Yes.” The ranger then- said he would take them, as they had not been driven at the rate of four miles an hour. Plaintiff said his boy was in charge of them and he was just about to turn them into thepaddock. Remarked that the ranger’s action was “ red hot,” Ranger headed the cows and drove them to the pound, and plaintiff paid driving and poundage fees, under protest. By Mr Moore: The boy left with the cows at about 8.30 a.m. The cows arrived at Motuiti at about 11 ’a.m. Ranger did not say it took the cows nearly four hours to come a mile. Ranger said plaintiff must drive the cattle four miles an hour, or he could take them. Was in charge of the cows when ranger took them. John Hannah, in evidence, said he left Foxton for Motuiti at about. 20 minutes to nine on the day in question. The cows had not all been milked when he left. He corroborated plaintiff’s evidence. David McEwen, railway surfaceman, gave evidence that he saw the boy driving the cows along the road. . Heard the ranger tell Tozer he must drive the cattle at the rate of four miles an hour, otherwise he could impound them. Mr Moore, for the defence, said that plaintiff’s . cattle had been grazing along the road from 8.30 till about 11.45 a.m., and had only travelled a little over a mile in that space of time, which was unreasonable.
Alfred Fraser, Town Clerk, stated that some years ago an agreement had been entered into between the Manawatu County Council and the Foxtou Borough Council, empowering the latter’s ranger 10 impound stock off the County roads a mile outside the Borough boundary. Tozer’s paddock was within half-a-mile outside the Borough boundary. Mr Read read a resolution passed by the Manawatu County Council on the 27th November 1907, to the effect that the services of the ranger be dispensed with between the hours of 6 a.m. to 6 p.m. until further notice except iu the Kawakawa riding, in which riding the overseer make arrangements with the roadman or some other suitable person to impound the stock running on the roads of the Riding. By Mr Reid; The Borough Council had received no notification re the County’s action of stopping ranging within certain hours on all roads except those in Kawakawa riding. The Borough Council had not received official notice or ratified any agreement with the County Council re extended area off which the Borough ranger could impound stock. The S.M. : It is clear from the resolution that stock cannot be impounded off the county roads except in the Kawakawa rsding between hours of 6 a.m. and 6 p.m. Mr Fraser: I have not received any notice., . Mr Read: You are not the Borough Council. It is the Council that must deal officially with the matter.
Samuel Feek, borough ranger, in evidence stated that he saw Tozer’s cows at 8.30 a.m. on the morning in question near the Park. The cows were then grazing on the roadside. Warned the boy about allowing the cows to graze. The boy was sitting down about three chains away. Had previously cautioned the boy and his mother about the cows being allowed to graze on the borough roads. Told the boy if the cows were not in the paddock within half-an-hour witness would impound them. He returned in about half-an-hour and the boy saw him coming and started to drive the cows. Told the boy he had been a long time getting to the paddock and he was going to impound the cows. Headed the cattle when- TOzer came up. By Mr Read: A number of people had complained about Tozer’s cows being allowed to graze on the streets. He had warned them several times. There was. no animosity between Tozer and himself.
Walter Anderson gave evidence as to seeing the cows grazing on the road at abqut 8.30 a.m. on the day in question, and saw them about half a mile farther on after a lapse of about three hours. When he saw them the second time the boy in charge of the cows was sitting down and the cows were grazing. William Anderson, railway employee, gave evidence in reference to seeing the boy in charge of the cattle and the ranger taking them, also as to the conversation between Tozer and the ranger.
The Magistrate said in view ol the resolution passed by the County Council, the impounding was illegal, as the locality was a road within the County specified in the resolution passed on November 27th, which made it clear that no stock was to be impounded between the hours of 6 a.m. audfip.m. It was clear that the Borough Council did not get notice from the County Council in reference to the resolution. The boy was far too long on the road with the cows, but the ranger did not attempt to impound the cattle until the owner was in the act of driving them into the paddock. The money must be refunded, with costs amounting to £2 Bs.
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Manawatu Herald, Volume XXX, Issue 379, 18 February 1908, Page 3
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1,023AN IMPOUNDING CASE. Manawatu Herald, Volume XXX, Issue 379, 18 February 1908, Page 3
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