AN IMPORTANT DECISION.

Motueka Star, Volume II, Issue 48, 28 January 1902, Page 4

AN IMPORTANT DECISION.

An important decision was given by the Magistrate at Kairangata on the 17th instant, when R Penman was charged by the police with having killed wild ducks out of season. Mr AFinch appeared fo ■ the defendant, and submitted that inf /rmatou must be dismissed, on two grounds : First, that as the charge ' was for killing "game" (to wit wild ducks) put of season, and game was by the Animals' Protection Act 1880, defined as " imported game,*! and distinguished fri'm native game, tl e killing of native .grey ducks, even it it were held proved that any had siot, as alleged by the prosejw tion,'would not support a charge of killing "game." Mr Finch's second point was that, even if the information lad charged the defendant withkilliig native game it m list be dismissed, as at present it was m>j< ffen.ee to kill native game ii New Zealand. In support of his contention, lie pointed out that, at c 'iniiion law it was not an offencj to ! ill rative game, and that section d 7 ot the Animals' Protection Act, 1880, which made it an offence to do s~>, had been repealed by section 5.0 f the am ending Act of 1900, and had not been re-enacted as it ought t > have been. The" Magistrate, Mr Cruickshanks, u >held the latter contention, and disn.isse I t'ie information. The effect of the dicis on is that the Animals' Protection Act doss not protect, and that if any person is so unsportsmanlike as to do so, he niay sally forth with his gnn (n a native •game shooting ex i 1i ton at any time.