Gisborne Pound Troubles.

Gisborne Standard and Cook County Gazette, Volume II, Issue 258, 9 February 1889, Page 2

Gisborne Pound Troubles.

A case of much importance, as affecting local bodies having control of pounds, came before Mr Booth on Thursday. W. L. Rees sued the Borough Council for £7 2s for the illegal impounding of certain cattle. Mr Brassey appeared for the plaintiff, and Mr Chrisp for the Council. In opening the case Mr Brassey eaid the action was brought against the Council, as they had full control over the pound, and were therefore liable for tho acts of their servants. In this action he considered the cattle were not impounded according to the Act, by the ranger, who was the Council's seryant. Mr Brassey then brought forward the complaint of Mr Beswick, which had been received by the Council, but he was interrupted by Mr Chrisp, who said that the complaint could not affect the present case. V. G. Day deposed that he was attorney for W. L. Rees. Heard that the cattle were in pound, and he immediately went to Mr Canuon, the poundkeeper, and asked who pounded them, the reply being that the ranger had. He then asked to see the pound book, but was only shown an exercise book, the writing in which wae iu pencil, and it was not the proper printed book as required by tho Act. Asked Cannon what the cattle were impounded for, and he said for being on the road. He paid the poundage fees, amounting to £1 12s, under protest, and he at the same time said the fees were excessive. Had asked Canuon specifically whether any notice under section 11 of the Act had been given and he replied that it was not necessary to give any notice. He then gave Cannon notice under sec’ion 9of the Ao’. The cattle had suffered some damage by being knocked about. He could not see any information in the book to show who had impounded the cattle.

By Mr Chrisp: He did not intend to pay the fees under section 9. Mr Cannon said he was ranger. G. Staite, who was present when the above conversation took place, gave corroborative evidence.

H. Gannon deposed that he was ranger and poundkeeper of the Gisborne Pound, and was appointed by the Borough Council. Remembered impounding some cattle belonging to Mr Rees. Had not entered them into the pound book when Mr Day called. It was only a rough book he had shown complainant. The Bench considered that it was necessary to have the book produced in Court. Mr Brassey said as Mr Cannon bad admitted having entered the cattle in the book, it was not necessary to produce it. H, Cannon (continued): Had entered the cattle into the pound book after Mr Day had released tho cattle.

The Bench said it was absolutely necessary to have the book produced and the case was adjourned to allow time to have the book produced.

On resuming the witness produced the book and the bench ramirked that every, thing seemed tojhavo been entered up excepting the plaoe where the cattle had been found trespassing. Witness (continued) t He made the entries as soon as possible after the cattle had been impounded. When he was asked where the cattle had boon impounded from he said rom Childers Road. Mr Day at tho time of paying the fees gave the notice produced. By Mr Brassey: Was not in the habit of getting persons to sign on taking cattle out of the pound unless they partioulary re- ? nested, The cattle were impounded about 1.30 and were released about 4 o’clock in tho afternoon.

Mr Chrisp then sited cases to prove that the Act had been complied with. He considered that the plaintiff by paying the foes had waived all right of action. After hearing Mr Brassey’s argument Mr Booth was about giving hia decision in favor of plaintiff when Mr Chrisp asked tho Bench to reserve judgment till the following morning, so as to allow argument as to whether the Council were liable for the acts of their servants.

After hearing a short argument yesterday morning Mr Booth gave judgment for the plaintiff for £2 2b, with costs £1 Ils,

HOW IT’S DONE, ITO THE EDITOR.] Sir, —Some time ago, I happened to be in the vicinity of a local pound early in the afternoon. The Banger came in with a horse ; after carefully looking the gate he want away for a little, then came baok with a corn sack about half full of hay, which he emptied into the manger in froqt of his horse prisoner. Well that old hoss went up to that manger and I never saw a hoes turn away with so disgusted a look in his face as that one had, I thought him the most ungrateful beast that I had ever seen, seeing that the Ranger was so kind to him. In about half an hour the Ranger thought better of it, and came back and picked up all tho hay, put it in hie bag and made off with it. I thought the proceedings strange at the time. But since reading Mr Beswick’s letter on the subject things hare become more dear to me. In fact I am inclined to think that old boss knew his business after all. I’d give some, thing to know how often that old bag of hay has travelled the same road, and how often it is likely to.—l am, etc,, The Hoodlum. THE GISBORNE POUND. [to the editor.] Sir,—l am glad to see that you are calling public attention to the anomalous position which the Gisborne Pound now holds. It stands to reason that poor men do not care to be taking cases into Court just to find out the rights and wrongs of things, but the fees that are charged are something monstrous, to say nothing of the facility with which one’s horse or cow are transported to the pound yard. Night after night gates have been opened; by whom I cannot say. or before now more would have been heard of the matter ; but the fact remains that such has been done. There is no use making loomplaint of any kind to the Borough Council, for it only means a snub and a reference baok to the Poundkeeper. There is nothing for it but to gently hand out the 4s fid tees, and consider yourself lucky no nfore has been added to it. Of a night now no paddock appears to be sate unless it has a look upon the gate, and the most barefaced actions are done in this] way. It one coiild be caught and an example made some good might result. Ths thing has a great deal of mystery about it, and I think there ought to be some remedy for it. AU the grumbling that one hears must be founded on a certain amount of reason.—l am, <fco., A GBVXBIfEB.