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Decisions of the Superior Courts of New South Wales, 1788-1899

Honey v. Blake (1828) NSW Sel Cas (Dowling) 18; [1829] NSWSupC 49

animals, pounds - replevin

Supreme Court of New South Wales

Forbes C.J. and Dowling J., 30 June 1829

Source: Dowling, Select Cases, Vol. 2, Archives Office of N.S.W., 2/3462

[p. 186] [In a declaration in case a violation of the local pounding act 9 G 4. no 11. (24th July 1828) s. 8. the Plaintiff whose cattle had been sold complained of want of 21 days notice, without averring want of personal notice of sale.  Held that the declaration was sufficient to put the Defendant to plead.]

 

Tuesday 30th June 1829

Present Forbes CJ.

Dowling J

Honey v Blake

For Judgment

This was an action of trespass on the case.  The declaration stated that on the 10th November 1828 the Defendant being a pound keeper seized and impounded one heifer and one Bullock of the Plaintiff, which were alleged to be doing damage and trespassing upon certain crown Lands, that on the 28th of the same month of November the Defendant advertized a description of the said cattle in a Newspaper called The Sydney Gazette and N.S.W. advertizer yet Defendant not regarding the act in such case made and provided, and contriving to injure Plaintiff and to deprive him of the said cattle and of the use and benefit thereof and [p. 187] to prevent him from replevying the same afterwards and before the expiration of 21 days next after such advertisement as aforesaid, to win, on the 8th December at &c wrongfully did sell the said cattle, without leave or license and against the will of the Plaintiff.  whereby Plaintiff was not only hindered from replevying the said cattle but was deprived of such reasonable and sufficient time as in that respect is allowed by law for the raising money to pay the damage pretended to have been suffered, and the costs incurred in impounding and of the advertisement thereof and Plaintiff hath also thereby wholly lost and been deprived of the said cattle and the use thereof to Plaintiffs damage of 50£.  To this Declaration there was a general demurrer.

Allowed to amend pleadings with liberty to plead over upon payment of costs.

Published by the Division of Law, Macquarie University