HAMILTON R.M. COURT. THURSDAY, APRIL 20. (Before W. N. Searancke, Esq., R. M.) SEARCH OF IMPOUNDING ACT.

Waikato Times, Volume X, Issue 612, 22 April 1876, Page 2

HAMILTON R.M. COURT. THURSDAY, APRIL 20. (Before W. N. Searancke, Esq., R. M.) SEARCH OF IMPOUNDING ACT.

H Oitik t, Ohablis Mtjluohs. Our readers are already acqutiited with th« nature of tbii ohaige, it baring bsea brought {forward uu two previous occaiions. Mr flay appeared for the informant; Ut Madden (for Mr Whitaker) for defendant. Charles Mullious being called, depO3ed that h» remembered impoundiug a beast about the 23rJ Ociober last, aud the entry m the boor (pioduced) was made the aaoie day. The animal waj a red aud white oow. Did not know the owner. Posted notice on the Pound, Po»fc Office, an i inserted oue iv newipaper; alto g»Te notioe 10 Mr Pottsr, then, ol«k of Town Board, on tin 24rh Octobai-. By Mr Maddeu : Did not impound a strawberry heifer on the 24tb, mentioned in the iu-foi-inahou. Had no entry oorresponding to th u description. Mr Wood had offered him 10$ 10 release a beast, but did not say which ont. Tj i •billing! was not sufficient to reloaie any of t'u animals in pound. Mr Wood said, "Let tie beast rip, the owaer could ir»ll afford to pay.f ji> Honry T. Owen depowd : H« -was a wttlsi-, and manager of Mr Buckland'a run. Benie nbered the month of Ootober last. On tke 25 A of that month he met Mr Wood on the roud oetween flamilton and Cambridge, who told him tbera wa« * beast of Mr Buokland'g in the pound. He told him (witntts) that the a&ioul wa« a »nailey horned h«if«r. Wood told witn-»s« it had been two day» in pound, *nd h 0 (witneu) reckoued 10» would 'bt •nfficient to coyer all eipenaei. Did not hear anything an.c of the heifer till Nore^ber, when he heard it li sd been sold out of pouud, Had e?ery reason to bolitre defendant knew tha auimal w.i hit (witnoii't). It was a strawberry sided beast, with •nail hornf. Could not be desoribed as a rsd a, id white beast. Never went to Mr Mullioni ab ut iti The beatt was distinctly branded with TB conjoined. The brand in the book was incorrect. There it was set down ai BB conjoined. To Mr Madden : Did not see the beast in pound. What I kuow is from hearsay, and seeing the hoifer with llr Pottsr's brand. Mr Wood was next called, and confirmed what lmfc witneii had said relatira to seeing the animal in pound, and also as to the brand. On witness's speaking to defendant about the b nvst the defendant asked if hs had a written authority from the owner. Witness had not, bnt dssor toed the animal to defondau*, aad the latter well kietr what beast he m«anf. New said to Muliions that he could let her rip, that the owner ojuld well afford to lose her. Mullions said he would write to Captain Owen, that morning, otherwise witness would hare written. SaY tht beait daily iroa tiie 24th Qctobe^to time of |*1«, Ihe tJ ffni

m oiher aoinml impounded anBwoiia r t» tki dj '••int'on. To Mr Mtdden : Mr Buokland'i bnmd wmTB conjoined. | Constable Coyle deposed that no intimation had boen given him of any beait being impounded during that period. This was complainant's cat*. i Mr Madden briefly addressed the Court for the defence, contending that the oaie should be diimined, ai no cadence had bitn adduced ■hoiring the animal alleged to be owhod by Jtr Buckland was ever impoundid during the month of October ; it wai altogether a oaie of mistaken identity. He would bring conclusive eridence to prove that no strawberry heifer bearing the brand in question had been lold. Mr John Knoi, auctioneer, deposed that he •old a ueifer along with other cattle during the month of Ootober last, at the Hamilton Aait j Pound, and the brand on it was RB conjoined. : To Mr Hay : Could not deicrib* the cow now. ! Blotches might occur in branding old cuttle, bat nerer in young ones. ' I To Mr Searaneke: Conld not be mistaken about the brand ; it tallied exactly with that oa th» defendant's books — EB conjeined, U.v Albert Potter, butohor, deposed that on I th» sth of Norember hit, he bought all the oatI tie impounded on Hit 21th of October. Did not buy one rermed a strawberry. Would describe it as a red and white cow ; red down the back, red sides, I and white neck, with, properly defined colours. Toe brand wa« & B conjoined. Had kept the hide to bo produced in Court, bat whea the case was postponed the second time, had sent it with others to town. Would sweat- the brand was ft B conjoined. Saw the brand before he purchased the animal, and after h» killed ker. O*ptain Oweu nerer called upon witness till the ottier day, whea he came to make the thiDg up. The animal wat not giren up to Wood as he had no written authority. To Mr flay : The heifer had snail horns and light coloured head. This concluded the case for the defence. The Court was then adjourned for lunch, after which bis Worship gave judgment against defendant, whom he Sued 10* a.id costs, £4 7* 6d. Civil Sidb. Oaeor two unimpuitant uiril cas<%s were then called on, but were either settled cut of Court, or judgment given by default.