R.M. COURT

Wairarapa Daily Times, Volume X, Issue 3284, 16 August 1889, Page 3

R.M. COURT

MASTERTON-FRIMY. W (Before Colouel Roberts, R. II.) * BREACH OF THE RAMIIT ACT. Inspector Drumniond v. John Pike. Mr Bunny fur plaintiff, Mr Beard for defendant. James Harvey, rabbit agont, stated • that lie inspected defendant's land in May, reported the result to Inspector Drumrnond, and after notice was Berved he again inspected tho land on Ist June. Poison had been laid but in an unsatisfactory way, and the rabbits were numerous. He afterwards made several visits but found nothing had been done. Inspector Drumrnond Ravo corroNborativo evidence, and said that tho terms of notice served on defendant had not been complied with. In reply to Mr Beard the Inspector stated that ho had laid an information against defendant in the same caso before, and the information was dismissed.

Mr Beard asked that tho record of tho dismissal be produced, Mr Bunny objected, and urged|that dismissal on certain grounds *•" beforo did not bar present proceedings Mr Beard contended that an information for the samo offence having been dismissed on its merits a fortnight ago, the defendant could not be worried by a second prosecution. Ho referred to section G8 of Justices ' of tho Peace Act, and maintained that as the caso had not been dismissed without prejudice it could not he again entertained. Mr Bunny replied, maintaining that if the information was not previously dismissed on its merits but on a technical point the inference was that it was dismissed without prejudice. Tho Bench decided to convict the defendant, Mr Beard said ho would call evidence in mitigation of the penalty. (Left Sitting.)