S.M. COURT.

Wairarapa Daily Times, Volume XV, Issue 4701, 21 April 1894, Page 2

S.M. COURT.

FMRHOUSE u.TEI/l/MKJI AND dm, Alleged Assaults. Case Dismissed. MASTERTON.- BATURDAY. (Before T. Hutchison, Esq,, S,M.) Legal argument in this case was continued this morning. Mr Beard contended the ranger had the right to seize the nets and to seize forcibly. Mr Pownall urged tjiat there was nothing in the Fineries' Act to warrant the action of Mr Moorhouso, He asked His Worship to dismiss the caso.

His \Vorship in giving judgment said it was quite dear from the evidence of the iufortaant himself thatthe net had bten seized forcibly from the defendant Jana, and the result had boen the assault complained of, It was therefore important to determine whether Mr Moorhouse had the right thatwaaclaimed on hia behalf; if not ha waß a mere trespasser. The informant was an officer appointed under the Fisheries' Conservation Act, of 1884, The two questions to be decided were whether it was lawful for the natives to use a net, and secondly if Mr Moorhouse had a right to sew it, If the first contention was upheld it would effectually prevent natives in the Wairarapa from fishing, A Gazette notioe of 1885 gave pei mission lo He natives to catch indigenous fish and " fish " he held included fresh water as well as sea fisb. HjjQVoiship . V'fls of. opinion tliliajflf >3iouee had sot the right claimßiSloh was based on Beotion seven of the Act, That dealt' with oyster and seals and declared that a net if found on a fCßflelj boat) or on shqit> might he seized. It could not bdntaintainei that the olause extended to the case under consideration, If it wre SO, witli an active officer suoh as Mr Moorhouse appeared to be, and with natives not inclined to Bubmit, breaohei of the peace would be continual. TheLegislstureneverintended to give the ranger such power, Taking Mr Moorliouse'd evidence he had put himself in the position of provoking to assault under the Criminal (JOae, and the defendants were ■ not liable to be criminally prosecuted, In reepeot of the Matter now before tho Court, this oase would be dismissed, Mr Pownall applied for costs, ; " r Beard objected and urged that liwas au important case and of publio interest to have a ruling on the matter,

His Worship allowed counsel's fee but refused witnesses' expenses. Mr Beard gave notice-that he would appeal