IMPORTED GAME.

Dominion, Volume 1, Issue 302, 15 September 1908, Page 4

IMPORTED GAME.

AN IMPORTANT POINT. • . (BY telegraph.—specjai. correspondent.) Dunsdin, Sopteniber 12. A case was hoard-in tho Police Court yes« terday morning which is of somo general importance throughout the Dominion. Henry Peter Johnson was charged with having offered for sale certain imported' game, to : witj wild ducky such time of offering them for . salo 'not being a- time when imported game may bo sold. . Sub-Inspector Norwood stated that on August 20 Sergeant Willis saw some birds in defendant's-shop in-.George Street labelled "Teal, 3s. a pair. Inquiries being made, tho polico were informed that, tho teal had been imported) in December, by Mr'. Sullivau and sold by him to . Johnson. The latter had placed them in tho freezer; and had taken them put. of that to expose, them for., salo about August 20. The first schedule of- the Animals' Protection Act said ! that imported wild duck of any species was imported game. Section 30 said that no person might soil, or-, offer for. sale, or- buy, or offer to buy, any imported game except during the lawful period (tho open season), and Subsection 3 of; that same section stated that the provisions should apply to any game, alive or dead."' -■ Mr. Hanlon submitted that imported gamo was defined as meaning "all imported animals and birds .mentioned in tho first-schedule," and tho word "imported" was specially de- ■ fined as meaning any bird or animal imported into any district and turned at large, including the offspring of such bird or animal, and every bird or auimal of like species at large in tho; district. Clearly from this imported game meant birds brought in alive and turned ..out into the district, or the offspring of such birds. If any person had such birds in their possession, dead or alive, then no wasvliable to .a penalty under the Act. The obvious intention of the statute was to protept birds imported. and turned loose for the-} purpose of breeding. "Supposing]" continued Mr.' Hanlon, "wo take the case of the pheasant. There is no firstrate club in ihe colony which does not import pheasants, 'groiisc, and partridges to have tlicm stored for any function. /It would bo absurd to say that becauso there are phoasants in tho North Island therefore the proprietor would be liable to a penalty because he has in his possession pheasauts'imported from England." Mr. Widdowson, S.M.: It- is specially provided that tin! Minister may exempt frozen or chilled game for private use, and not for sale, and it seems to mo, -Mr. Hanlon, to give a wider'oiitlook to the section than you have asoribod'-ta it. It gives' power to the 'Minister to prevent the importation of gamo even for!private use. Mr. Hanlon-: Quite so, but the Minister has not dond'SO. There are no regulations, and no regulations having been made, your Worship has '"to interpret the statute as it stands. I say that the distinct definition, given in the l Act of the word "imported" must bo accepted in this case. > Mr. Widdowson: You say that they must be imported''into tho colony turned at large. before ■■ tlitiy coma within tho moaning? ; ....... Mr. " : Hanlon:'Yes. I also take tho point that tli'o police 'have not'proved that'teal: are similar to' aity'ducks' in tho district. The case was -adjourned.' ' . i.' '- ' . .i..- '■ . '