AN IMPOUNDING CASE.

Taranaki Daily News, Volume XLVII, Issue 8068, 26 March 1906, Page 2

AN IMPOUNDING CASE.

IMPORTANT APPEAL. At the Supreme Court, New Plymouth, on Friday, His Honor Mr Justice Edwards heard argument in the appoal, Mehaffy v. Jury. This was an appeal from a decision ofthe S.M. dismissing a complaint for illegal impounding cattle. The respondent had impounded the appellant's cattle for trespass, but, in so doing, had not delivered to the pouudkecper a written J description of the cattle, aud the other particulars requested by Section 11 of

the Impounding Act, 188t. Mr Hutcheu, for appellant, contended that the failure to give the particulars required rendered the respondent a trespasser ab initio, and the impounding illegal. Mr Quilliam, for respondent, argued that tho Act of Impounding was com- | plete when the cattlo were placed in the pound, and that the failure to give the particulars did not rolate back to tho impounding, and, further, that there could not be trespass ab initio without an Act of misfeasance, whereas the respondent's omission was mere nonfeasance. Several other points were taken in the course of the argument, aud numerous authorities were quoted by each side. His Honor reserved his docision,