THE IMPOUNDING ACT.

Manawatu Standard, Volume XLI, Issue 8189, 15 May 1906, Page 4

THE IMPOUNDING ACT.

Tit/: Impounding Act is so frequently brought info operation by settlers that it is advisable to bring under their notice the latest, interpretation of the liw. In a case at New Plymouth some time ago the Magistrate ■ disrabm'd a settler's complaint against another that the bitter, in impounding his cattle for trespass, had not delivered to the poundkeeper a written description of the cattle and other particulars required by section 11 of the impounding Act, 18SI. An appeal wa* lodged, it being contended that the failure to give the particulars required rendered the respondent a trespasser from the beginning, and the impounding illegal, while fur the respondent it was argued that the act of impounding was complete when the entile were placed in the pound, and the failure to give Jhe particulars did not relate back to the impounding. The appeal was heard by Mr .Justice Edwards, and in announcing his decision in favour of the appellant, Mr Hutchison, S.M., said it was a most important one. He wished to give a note of warning to farmers and others who might find it necessary to use the provision/? of the Impounding Act. By this decision it was declared illegal to gimpound without strictly carrying out the provisions of clause 11. Three judges in Victoria had held that this omission wan not suiiicient to constitute an illegal impounding; but our judges ruled to the contrary. Farmers would do well to note that failure to comply with this section rendered them liable to a fine up to £50. As tlii-s ease broke new ground a light penalty only was imposed, but now that the decision has been made known, ignorance of the law will not constitute an excuse for future omission* to comply with the requirements of the Act.