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Taranaki Daily News, Volume LVII, Issue 276, 1 May 1915, Page 5

A judgment of somewhat general interest relating to. impounding was gwenby Mr. Keurich, S.M., at Eltham on Wednesday.. The elaim, the Argus re- ' ports, was, for ££ 10s, the value of a cow belonging to Mr. Barlow, of Strat- •. ford (Mr. \iovt), which it was alleged was wrongfully seized, impounded, and sold by tiie defendants, J. McKensie (Mr. Morrises)-and George Heaven, Eltham ponndkeeper (Mr. Weir). The following faets, his Worship held, were proved! (;I> that plaintiff lost the cow on November 15th while driving it, among-others, into Eltham; (2) that the cow was found by the defendant MeKenzie- on his farm on the same day, Vhoij 1(* Immediately gave notiro to the other defendant, George Heaven, tha poundkeeper, in writing; (3} ; that defendant Heaven, on receipt of the nolr iee, Immediately posted a notice on the pound gate and inserted an advertisement in the newspaper in accordance with the Act; (4) that defendant Heaven applied to a Justice for an order to - sell the cow at an carfiw date than the "" Act provided for, and obtained the same on November 20th. fbc ,eow was sold on MeKenzie's farm- for £7 Is. Hl» Worship held that; liability rested solely on Heaven, who did not comply with" the requirements, of the Act, inasmuch as he did not advertise once at least in two consecutive weeks. Defendant Heaven hai been requested to sell the cow in question, it being too wild to impound. He therefore should have strictly followed- the requirements 0* section 21, which required him to advertise once a, week for two consecutive weeks, calling on the owner to remove the cow within three- weeks. His Worship held- that defendant Heaven illegally soldi the cow. Damages ( £8 lOsf with costs to plaintiff were awarded agahwt defendant Gcorgo Heaven.