An Impounding Dispute.

Gisborne Standard and Cook County Gazette, Volume II, Issue 257, 7 February 1889, Page 2

An Impounding Dispute.

At the last meeting of the Borough Council tfie following letter was received from Mr Beswiok, postmaster

I beg to bring under your notice a case, I consider, not only of sharp practice, but illegal impounding, by the town ranger. Stated shortly, on Friday, the 25th inst., one of my sons tied a horse to a poplar tree opposite the drill shed while he came into the post Office to see me. The horse was tied by a rope, having about three feet of play—it could reach the gutter, but no further. The lad was absent, at most, a quarter of an hour, when he returned to find the horse gone. This was rather before .3 o’clock. Before 4 o’clock it was found in pound, and lamed, but the poundkeeper declined to give it up unless the above claim was paid, which is made up as follows Is driving, Is poundage, and fid forage. Now, I wish particularly to bring the latter charge under your notice. Section 32 of the Impounding Act, 1884, states that the hours during which cattle shall be fed with sufficiency of wholesome food and water each day shall ba between the hours of 6 and 9 o’clock in the forenoon, and the hours of 4 and 6 o’clock in the afternoon. Therefore on my horse, which was impounded at abqut 3 o’clock, the oharge for keep could not be made, the horse being claimed before 4 O’filpclr, I think it a matter of very great hardship if the public cannot tie a horse to a tree for a few minute# without the danger of its being impounded. At present the laws seem to be all on one side, but I trust your Council will enquire fully into this matter, which is one affecting the community as a whole, I bag to apply for a refund of the 4s fid paid to the poundkeeper, under protest. I would suggest that scr?:e such rule be made aria in force in ’some parts ’bi the South Island—no beast to be fed until it has been impounded four hours, It is nothing less than an imposition on the public to have to pay for forage that in all probability the beast never gets, Gr Wbinray said no doubt there was reason to pomplain of the charges made for feeding, The Mayor thought the ranger would bo justified in impounding any animal that was tied to a tree. With regard to the feeding charges, the Act provided that animals should be fed between the hours of six and nine in the forenoon and four aud six in the afternoon. lu this case it appeared the horse was Impounded before three o’olook, and liberated before four, and therefore the feeding time had not arrived, Cr Dunlop thought they should have the pouudkecpor's explanation, and moved to that effect,

Or Lucas was iaoliuod to think ihay should suggest that the 2s 6d for forage should be returned. No doubt the other charges had been properly incurred; Or Coleman said there were two po'nts in the letter which should be considered! It Seemed oppressive tfiat the ranger should seize a homo that bad been tied up to a fcfee for a few minutes, and it also appeared that the horse had not been fed, He thought it would bo the proper course to hear the poundkeeper's explanation, He seconded Gr Dunlop’s motion. The Mayor said the question was whether the noundkeeper was their servant or not; whether they wore answerable for his acts ? He thought they had put the poundkeoper into a position that he might, if he liked, instead of making the pound a benefit to the community, make it an engine of oppression. The Olerk said the poundkeeper's position would be defined by the action which was beliig brought in the R,M. Court, Cr Duulop’s iimtlou was then put and earrisd uimuimousty.