DISTRICT COURT.

Wairarapa Daily Times, Volume XV, Issue 4475, 20 July 1893, Page 2

DISTRICT COURT.

MABTERTON.-WEDNEBDAY. (Before His Honor District Judge Robinson.) ANDREW V. SMITH. ~, , This was an appeal &fe*ft4ciaioa of Mr Hutshison, U.M., in the case brought against the Rev. J. C. Andrew for failing to destroy rabbits on his property. Mr J. Andrew appeared for .the Rev. J.C.Andrew, and Mr Bunny for the Inspejtor, J. W.Smith. ■ Mr Bunny said that he would p'oiDt out that the appeal was not one that His Honor could deal with. The notice-which he had received did not contain the faots. The witnesses bad not been bound.over to appear. There was no grounds of appeal as the facts were not disputed, seeing that they . were not set forth in the notice. The appeal did, not, say, what the oonyiotuia,.^

• waa and contained nothing; definite of the ground on which the appoal was made. His Honor said ho was expecting that this was a friendly action and that the foots would lie admitted, as the conviction was not set forth, Mr Bunny submitted there was nothing boforo the Court and the appeal must bo dismissed. Mr Andrew said that tho plea of " not guilty," was sufficient for all purposes of the Act. This was practically a re-hearing, and the appellant was only called upon to answer tho obarge. HisHpnor Mjd he was inclined to matter was properly . Mote the Court; The case was then proceeded with, the appellant aduiit'ing tho appoint" ment of Inspector Smith; (hat the property (lea) was owned by tho Rev. J. 0. Andrew; and that the notice had been duly received. Mr Andrew said the notice had only actually been received on the 7th of April, although posted on the 4th of that m<iMJi Mr Iw&.h in opening his case, explained at length the last case, and spoke of tho harm uono l>y allowing tho rabbits to increase ami spread on to the adjoining country, Tliu fine, which had Wen imposed, originally was£2s, subsequently reduced to £lO, so that His Honor would seo that the penally was not excessive, The same evidence as given when the case was before the lt.M. Court was again given by witnesses, THUKBDAY. On the Court rcbuming this morning, Mr Andrew arguing in support of his case, contended that the Inspector had to prove ilia' s;cps had not been commenced to destroy llie rabbits, Mr Bunny replied, and the CVurt was occupied with legal argument until 12 o'clock, when His Honor adjourned tho Court until 2 p.m., to consider his judgment, Court resuming at 2 p,m, His Honorsaid that having considered tho matters of the appeal on the whole, ho decided that lie would havo to Busiain the conviction, The case was different to the appeal case decided in favour of Mr Andrew by the Supremo Court, as it was not Bhown in the present caso what steps had been taken, The appeal would therefore be dismissed.