RESIDENT MAGISTRATE’S COURT, GISBORNE.

Poverty Bay Standard, Volume IX, Issue 977, 10 September 1881, Page 2

RESIDENT MAGISTRATE’S COURT, GISBORNE.

Friday, September 9th, 1881. [Before M. Price, Esq., R.M.; and His Worship the Mayor J. Gscner t. Wilson. Cwefit £4O, value, and £5 damages sustained by -the unlawful detention of two horses, under lmpounding Act. Mr. Erassey for plaintiff; Mr. Finn for defendant. The substance of the evidence given by the plaintiff went to show that two dr his horses were recently impounded in the Gisborne pound; Wilson said he required 16s fortheir release, which the plaintiff refused to pay, except under protest. The defendant refused to take any money under protest, hence the present action. By the Court : Wilson said he wanted 8s for each horse; but said nothing about damages. Wilson said he was doing the business of poundkeeper. No notice has been given to me of the horses being in the pound. Peter Searle gave evidence in testimony of identity of the horses, and generally corroborated the plaintiff’s statement. Mr. Finn, for the defence, contended that the case must be dismissed, as the money was tendered under protest, and there was no evidence to show that the defendant was the poundkeeper. His Worship differed, and held that the defendant’s responsibility was established by the fact of his demanding the money for the release of the horses, and refused application for a nonsuit. Jno. Wilson, sworn, deposed to being agent for his brother Robert /"Wilson; he refused to deliver the horses to the plaintiff unless he paid the fees due on them without protest. He derived no benefit whatever from the PQUn<k„ . By Mr. Brassey: If plaintiff h’ad tendered 16s without protest I should have accepted it. I repeat that I have no interest in the fees. By the Court i I am simply acting as agent for the poundkeeper. , Bedford Sherriff,. Town Clerk, deposed through the Court that the poundkeeper has been absent about 2 months. He had no leave of absence. By Mr. Brassey: The Council passed a by-law to claim 5s for each impounded horse as damages, which amount goes to the revenue of the Borough. His Worship summed Up and gave his opinion that the present was a very simple action, and very properly one of detenue. The Court would not take into consideration the question of whether defendant was ponndkeeper or not. He detained the horses, and that was sufficient for the Court. It had been proved that he had refused delivery of the horses, and the judgment would be that the horses be returned by 4 o’clock to-day, or that the value of the horses be paid to the plaintiff, with costs of Court and 22s 6d expenses incurred by plaintiff in fhe hire of other horses. Mr. Finn gave notice- of appeal. Two informations between the sameparties—one for the absence of a board of fees being erected at the pound yards; and the other for not keeping a copy of the Impounding Act, as required by law, fot the inspection of the public—were withdrawn. C. Westbuf v. S. J. Bromley. Claim £27 7s 6d, money alleged to have been received and unaccounted for. Mr. Brassey for plaintiff. Mr. Robinson for defendant, applied for an adjournment till Friday, the 23rd September. Granted.