AN IMPOUNDED COW.

Stratford Evening Post, Volume XXV, Issue 70, 25 March 1915, Page 3

AN IMPOUNDED COW.

STRATFORD DEALER IN COURT. .Reports the Eltham Argus:—Arthur .Marlow, cattle dealer, oi' Stratford, for whom Air Gov/ appeared, proceeded at the -Magistrate’s Court on Wednesday morning against James -McKenzie (Air Morrison) and George Heaven, public poundkoeper (Mr Weir) for the sum of £8 lUs, the value of a cow alleged to have been unlawfully impounded on November loth last by defendant -McKenzie and sold to Mr Curtis, butcher, of Eltham. Counsel for plaintiff said no permission had been given to defendants to sell tlie cow, which plaintiff valued at £9, although he was not claiming that amount. Plaintiff had lost the cow, which had wandered tn to McKenzie’s property, and was then sold. Plaintiff, in evidence, said he had since recognised the cow. Witnese had had considerable experience in cattle. Mr Curtis, when called upon, said he had bought the cow from Mr McKenzie. He thought £8 I.os was a largo enough price for the cow. The animal was quiet. He had had considerable experience in driving cattle. In answer to Mr Morrison witness said Barlow had apporaehed him (witness) and asked him if he had bought the cow on McKenzie’s farm. Barlow then told witness it was a cow lie had lost. The cow had been advertised for sale in the Eltham Argus. To Mr (low : Barlow aTI come to seethe cow a few days after the sale. George Heaven, public poundkeeper. said lie had received notice from Mr McKenzie that the caw had been impounded and claimed the sum of 30s for broken fences—damage done by the cow. Witness after advertised the cow for sale, Mr Curtis subsequently buyipg the animal for £7 Is. Arthur Bosley, a neighbour of McKenzie’s, said be had seen the cow on the property and she seemed quiet. The fences were in bad repair and were of such a nature that a cow could get in, but could not very well got out. This closed the case for plaintiff. Mr Weir, for defendant, submitted there was no case to answer, and desired to know the grounds of defence. Mr Gow submitted that the whole action of the two parties was illegal. -McKenzie had no right to claim for damages under section G of the Impounding Act, which only applied U fenced land. His right to impound !aj under section 12, but to make valid the impounding the provisions required by the Act must be complied with. Then again, if it was contended that it was a wild cow, section 21 of the Act would apply, but no advertisement as required by the provisions had appeared in any newspaper. Section 39, which counsel for the defendant relied on, did not apply to the case. The section only applied where the cojv was impounded in a public pound, and this cow had never been in a public pound. Further, the poundkeeper bad not given instructions as required by s*ectioii 36. Failure to give the notices on the part of both defendants constituted illegal dealing, and plaintiff was entitled to succeed. Heaven was recalled and stated the steps ho had taken, and his evidence .was supported by Chas. Mackenzie (sou of defendant), and James McKenzie. Their evidence went to show the damage done. Duncan McNab, drover, also gave evidence regarding the cow’s temper and the case was adjourned till next