WRONGFUL IMPOUNDING.

Taranaki Daily News, 15 October 1920, Page 6

WRONGFUL IMPOUNDING.

ORDER FOR RETURN OF FEES. j At the Magistrate's Court, Now Plymouth, yesterday, His Worship (Mr. T. A. B. Bailey), announced his decision in Hie case in which Momonn. Tamihana had proceeded against Kaitapapa Rangi-1 tawa. lor illegally impounding pertain stock belonging to plaintiff, and demanding excessive damage. Complainant claimed the return of m'oneys paid in this connection. On "August 24th the defendant had found 23 steers and a. heifer trespassing) on his land, and impounded them in the 1 Rahotu pound. The Court held that it! was clear from the evidence that the laud from which the cattle were impound-; ed was not fenced land, and therefore no trespas--, rates were chargeable. Rangi-' tawa handed the cattle over to the poundkeeper. He did not at the iime, a» required by the Act, specify in writing to the poundkeeper the number, descrip- ! lion, brands, or apparent brands and earmarks of the cattle. His Worship said that the impounding was illegal, as (lie notice did not contain particulars as to the section from which they were impounded, the owner of the cattle, or was not signed by the person | impounding. A person who intends complaining against wrongful impounding must give notice of his intention to do so, the object being to inform the poundkeeper and the person impounding that the owner protests, and to warn the poundkeeper not to part with certain moneys within a certain time. In this case Tamiliana's notice was in order. The Court gave judgment for the return of the 1)4 f>s paid in impounding charges, alid also of the .€2 special damages claimed by Kaugitawa and held by the poundkeeper pending the hearing of tlie case. Mr. R. H. Qtiilliam appeared for complairfant, and Mr. H. R. Billing for defendant. Security for appeal was fixed at £H), . and the hearing of an information for illegal impounding was adjourned till the appeal U d««id»d.