Wild Ducks.

Manawatu Herald, 4 February 1902, Page 3

Wild Ducks.

In a prosecution at Kaitangata last week for shooting ducks out of season, the rather startling fact was revealed that wild ducks are now unprotected by law. An information was laid (says the Otago Daily Times) against Robert Peamaa for having killed wild ducks out of season. Mr A. A. Finch, who appeared for defendant, submitted that the case mast be dismissed on the following grounds First, that as the charge was for killing “ game ” (to wit, wild ducks) out of season, and as •• game " was by “ The Animals Protection Act, 1880,” defined as “imported game," and distinguished from native game, the killing of native grey ducks, oven if it wore held proved that any had been shot, as alleged by the prosecution, Would not support a charge of killing “ game." Mr Finch’s second point, which he raised out of a sense of duty to his client, was that, even if the information had charged the defendant with killing native game, it must be dismissed, as at present it was no offence to kill the native game in New Zealand. In Sapport of this contention he pointed out that at common law it was not an offence to kill native game, and that section 17 of “The Amimals Protection Act, 1880," which made it an offence to do so, had been repealed by section 5 of the amending act of igoo, and had not been re-enacted, as it ought to have been. The , Magistrate (Mr Cruickshanks) upheld the latter contention, and dismissed the information. **