R.M.’s Court, Gisborne.

Poverty Bay Standard, Volume X, Issue 1093, 29 June 1882, Page 2

R.M.’s Court, Gisborne.

Thursday, 16 th June. [Before M. Pbicb, Esq., R.M., and His Worship the Mayor.] THE FESTIVE PENT. This individual, of whose vagaries we gave an account in our last issue, was Hued for drunkenness in the sum of 10s. and costs, or 21 hours’ imprison ment. The charge of resisting the police was clearly proven, but as there were no blows struck at the constable the delinquent escaped with a punishment of seven days’ hard labor. He pleaded hard to have it taken into consideration that this was his first offence, but the Bench were inexorable. CIVIL cases. Two Native eases were adjourned in consequence of the Native Assessor being absent. NEWTON V. WILSON. In this case the plaintiff sought to recover the sum of £lO 10s., the value of a chesnut horse illegally sold at the Gisborne Pound on the 16th inst. Mr McDougall appeared for the plaintiff, and Mr Hees for tho defendant. Mr McDougall, in opening the case, said that the grounds upon which the action was based were clear. The necessary notices in connection with the sale had not been given, and the horse had been sold before tho necessary time required by the statute had elapsed.

William Mansfield Newton said : I am the plaintiff in this action. 1 know the defendant. I know his brother, John Wilson. I have been to the Royal Hotel before the present ease on two or three occasions as to pound business, and transacted what I had to do with John Wilson. The week before last I went to the Royal Hotel, and saw John Wilson about a horse. Tin's Was on the 17th of June. I asked who had taken my horse out of the pound. He said it was sold yesterday, and |ie told me Mr Matthewson had purchased the horse. I saw defendant the same day. I said I wanted rav horse or its value. He said it was gold yesterday to Mr Matthewson. I said I had sent up for it a day or so ago, and he said it was not a fact. 1 then came away. I saw him again one night last week, and asked him to produce the pound book. I handed him a written notice to produce the pound book. Mr Wilson said I would have to pay one shilling for the inspection. [A long argument ensued as to whether the evidence being adduced was admissible; Mr McDougall arguing that tho refusal to produce the Pound Book bore upon the ease, and Mr Rees urging that the evidence on that point had nothing to do with the present case. The Bench upheld Mr Rees.

Witness; T consider the value of the horse £lO 10s. I bought the horse from Mr Ledger about a month or two ago. To Mr Rees : Mr Ledger told me on Wednesday, the 11th inst., that my horse was in the pound. 1 don’t know the brands on the horse. 1 made no enquiries until the 17th. I did not go for it, thinking Mr Ledger would have taken the horse out of the pound, as, when I went up on the 14th, and the messenger told me the horse was not in the pound, I concluded he had done so.

James Morgan gave evidence that he had transacted business previously with Mr John Wilson in connection with the Pound. On the 14th witness went to see about Mr Newton’s horse. Mr John Wilson said there was only a mare and foal there. Those were the only animals he (witness) could see in the Pound yards. On the 17th witness went with Mr Newton, and saw Mr Robert Wilson, who said he had sold the horse on the previous day. To Mr Rees : I only looked in the Pound yard. I did not look in the paddock adjoining.

J. Shrimpton, Postmaster, gave evidence that no notice had been posted by the Pound-keeper as to the sale of the horse.

This concluded the plaintiff’s case, and Mr Rees moved for a nonsuit on the ground that the opposite side had failed to prove a case. The learned counsel for tho plaintiff had dwelt particularly upon the fact that an order from a Justice of the Peace, had not been obtained, but certainly nothing had been adduced in evidence to show this. There was nothing to prove this It seemed to him that the plaintiff was on the horns of a dilemma. If the horse had not been legally sold it assuredly belonged to Mr Newton, and the action in the present form must drop ; but if the sale was legal Mr Wilson was certainly not a trespasser ab initio, and as a public officer could not bo held to be responsible. Mr McDougall replied at length, and said it was difficult for him and against all usage to prove a negative as to whether an order for the sale had been rendered legal by an order signed by a Justice of the Peace. Apart from this the requirements of the impounding Act had clearly not been complied with. The Act distinctly stated that there were four things to be done before the sale could take place legally. A personal notice had to be served, an advertisement put into a newspaper, a notice placed at the nearest Police Station, and another at the nearest I’ost Office. Iu the present case no

personal notice had been given, and the'defence admitted that notices had not been posted at the Post Office or at the Police Station. Further, the horse had been impounded on the 2nd inst., and sold on the 16th, whereas, if the law were complied with, the sale could not possibly have taken place before the 20th. His Worship intimated that Mr Rees had better proceed with bis defence.

John Wilson, sworn: Was the brother of the defendant, and knew the horse in question. Young Morgan did not come to the Royal Hotel on the 14th, nor did he make any enquiries about the horse prior to that date.

To Mr McDougall: The boy did not come to the house on Wednesday about a horse of plaintiff’s, nor did witness recollect anything being said about a mure and foal in the Pound.

To Mr Rees : Witness was positive the boy had not asked him about a chesnut horse being in the Pound on the 14th or on any oilier day. To the Bench : The horse was removed from the Pound to tiie paddock, but witness could not say when. Witness did not recollect having seen the boy on tiie 14th at the Pound.

John Porter stated he had informed Ledger the horse wns in the Found four days before the sale, and he understood that he (Ledger) was going to tell the plaintiff. George Matthewson gave evidence us to having, on the 16th inst.. purchased the horse for £5 Iss. It was worth from £7 to £B. After hearing the learned counsel on either side Mr Price said that the Bench were of opinion that the sale had not been a legal one. The proper notices had not been given as required by law. The time for such a sale had been curtailed, bnt there could be no doubt a demand for the horse had been made. Judgment would therefore be given for the plaintiff for £9 7s. (being the amount claimed less £1 3s. poundage fees), with costs.