IMPORTANT DECISION
ACCLLMATTSATJON SOCIETY ACTION FAILS. [By Telegraph, Per Press Association.! DUNEDIN, March 3. Mr Justice Ostler to-day heard an appeal from a magistrate’s decision, dismissing an information against James Wilson, Papatowai, for taking or catching trout by means of a net, The vital point of the ease was that the fish was dead. Counsel for the Acclimatisation Society said that if the magistrate was right., the societies would And themselves in a position that most trout netted would be dead before they were discovered.
His Honor, in dismissing the appeal, said he was convinced that the magistrate’s decision was right. He could not agree that any offence under the Fisheries Act or the regulations was committed by a person who took possession of a dead fish. If the prosecution was unable to prove that the fish taken was alive, it would fail, not on a question of law, but on a question of fact.
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Hokitika Guardian, 5 March 1931, Page 5
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155IMPORTANT DECISION Hokitika Guardian, 5 March 1931, Page 5
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