HARES OUT OF SEASON

Dominion, Volume 3, Issue 866, 12 July 1910, Page 9

HARES OUT OF SEASON

Robert Yarrow, proprietor of the Star Cafe, was charged with having hares in his possession nt a time later than seven days afler the: closing of the season for ihe?e animals.

Sub-Inspector Norwood stated that tho case was brought under the Animals' Protection Act, in which Section I) provides that the season shall commence on May 1 and close an July 31, but under Section 26 in the year 1010 it. wns declared ;\ dose season foi' imported game, but on lic-lilioi! by any acclimatisation society, the district under the control of tho soriot.v could bo exempt from the operation of this section, wholly or in part. Under Hi? prnnsions of that wetion the local acclimatisation society petitioned for a shooting season for one month during thu current year, which was granted by Order-in-(.'ouucil to commence from May U to June U, and Section 30 of the Act made provision for mi. offence being coni■.nifted if giuno was held in possession for a greater period Ihnn ssven day., after Ike close of Hie season. As a matter of fai-t. said Norwood. i\ large number of hares were found in Mr. Yarrow's possession on July I. The sub-in-spector then referred io the different Gazelles showing where in ihu year IHSS hares censed to bo game in the North Island, except in the Wellington Acclimatisation Society's district, but by Order-in-Coiineil luircs ceased to be game in certain portions of the Ilutt County, whieh was ;\ small area round Vctoni , . I'lirlher, in a later CSasietl« hares wero deemed to he pimc in the Munguroa Killing of Ihe Ilutt County, and in a still later Ciazette il wae proclaimed that hares wero unprotected in parts of To Horo llond District in the' Jlorowhcnua C'mmty, but in all other parts of the Wellington Acclimnlisiition Society's district hnres were still protected. Defendant plctidcd not guilty, and in extenuation said that he had received tho hares from Timuru. Ho was unaware that, in doing so, ho was coinmlUliin an oiieuco. He certainly had uo iiitoutiou of

violating tlio law. The secretary of the Acclimatisation Society informed him that, if he could prove that the .hares came from the south, and that they were dwlnred (n be a pest there, ho would not .bs committing an offence by using them. Defendant further stated that the hares were, not for sale, but for use in the. dining-room only.

Sub-Inspector Norwood then pointed out ihnt Hie enso before the Court was governed by mi appeal in the Sullivan case described in the Now Zealand Law Reports, Vol. 28, No. 112. It was (lien held Unit hares taken in tin. unprotected ilislriiit could not be token into a district »)H're hisres won' proleerpil ilin-iiiff the close season. He also remarked that he Bouid not umlcrslnnd how 'lie secretary of Iho society could have made such a statement ii\ view of the society's altitude.

His Worship said (hat he was* pfcnaml to accept Yarrow's statement, hnt lined liiin 1O.«., with 7s. costs, in default ■IS hours' imprisonment. Under tin , statute a penalty of .i'o might have been imposed for the olfunce.