Patea R. M. Court.

Patea Mail, 21 October 1880, Page 2

Patea R. M. Court.

Tuesday, before Mr C. A. Wray. IMPOUNDING AND RESCUE. James Smith, carpenter, Patea, was charged, on the information of Thomas Scown, with unlawfully rescuing a horse while being driven to the Pound. Mr Ward appeared for complainant, and Mr Hamerton for defendant. Thomas Scown, laborer, deposed ; On the 13th, the defendant Smith came to my place, as I had sent for him about bis horse breaking into my paddock. It bad been in repeatedly before. I said, “ Will you pay for the damage done, or shall the mare be put in the pound *?” He said, “ You had best put it in the pound.” I sent my boy to drive it to the pound, with a rope round its neck. Smith then went away. The boy returned in less than fifteen minutes, and in consequence of what he told me I went over to Smith, and ho acknowledged having taken the horse from the boy. I said, “ I will sue you for it.” Ho said, “ You can do as yon like.” A witness was present. By Mr Hamerton : The defendant had promised on a previous occasion to repair damage to the fence done by his horse, and on another occasion had promised to pay the damage done. The fence is in fair order. I saw the horse come over the fence on this occasion. Philip Scown, son of above, said : As f was driving the horse along the road to the pound, the defendant came behind, caught the horse, put a bridle on it, and jumped on its back. lie said lie would punch my head if 1 attempted to take the horse from him. For the defence, James Smith said : The fence is 2ft lOin high on the average, but no part is over 3ft high. There arc places not more than 1 foot above the ground level. He told me be would charge heavy damages for the horse being in the paddock. I afterwards walked towards the pound, intending to take the horse out under protest. I saw the boy galloping the horse up and down the road, flourishing a stick, and with a rope round the horse’s legs. I took the horse to save it from improper usage, but not with the intention to rescue. I did not threaten to punch the boy’s head. Peter Larsen deposed : I could not find any damage to the fence. It is from Ift to 3ft high, and the ditch is 2 foot deep in two or three places. Mr Hamerton argued that damages for trespass are recoverable only where the enclosure is sufficient, and this fence was nothigh enough according to the ordinance. If the horse were not illegally trespassing, it could not be impounded, and the rescue could not be illegal. The Magistrate ruled that the horse had been legally seized, and was illegally rescued. This offence is punishable with four months’ hard labor, or a lino of £2 up to £2O. This being the first case of the kind in the district for some time, the defendant would be fined 40s and costs 38s, or 14 clays, lie was allowed a week to pay. CLAIMS against F. WILLI AM SO A. Armstrong v. Francis Williamson was a civil claim for £45. The plaintiff, a laborer, deposed : In the early part of this year I carted 100 cords of firewood from the bush to the Manutahi Hotel, at 0s per cord. I received a cheque for £5, and I believe he has a contra account of £3 against me. That leaves £37, and I have received no part of that. No appearance. Judgment for plaintiff with costs, and solicitor’s fee. MrHamerton appeared for plaintiff.