COURT OF APPEAL

Dominion, Volume 9, Issue 2732, 29 March 1916, Page 9

COURT OF APPEAL

THE VALIDITY OF A BY-LAW

(lUKSTIONKD

J1 is Honour tho Chief Justice (Sir lioborl iSlonl.) presided on tlio Court of Appeal Honoh yesterday, mid associated with him worn Mioir Honours Mr. Justice F.dwards, Mr. Justice iSiin, mill Mr. Justice Husking, Tlio «w before tlio Court, whs Unit of ,). ,). Lloyd, of Kilbirnio, Wellington, v. Tlio Onohunga Uorough Council—mi nppoivl against, u decision of Air. Justice Cooper, who recently held l<> bo valid ii by-law of llio Onoliiingii Uorough Council' prohibition any body from keeping within llio borough ''nny .•uiinuil.s, reptile* or birds which woro wild by nnluro." Tlio appellant was represented by Mr. C. J'. Skorrolt, K.C.. (Sir John Fiiidlay, Jv.C, and Air. J). M. Kimllny, while' tho respondents woro represented by Mr. 0. N. Morisoii, K'.C, with whom Air. .i, C. Peacock appeared. From the facts boforo llio Court, it appeared that, llio appellant (Hoyd) v.v.r. tlio proprietor of tlio Zoological Cardons situated at Onohungu, and known as tho Jtoynl Oak Zoo. Tlio was established in J!)1 : 2 on GJ aeros of land, and tlio necessary cages woro oreotod and stocked at n total cost of £12,1100. Tho appellant, was therefore interested to iv very largo degree, and if tlio bylaw was declared valid, ho would no longor bo nblo to curry on iv legitimate business. Originally the council gavo permission for tlio establishment of tho Zoo, and tho plans woro approved by tho llpalth Department. Legal argument on tho quostion proceeded nil day, and had not concluded w'lon tho Court adjourned until this morning.