THE ONEHUNGA ZOO

Evening Post, Volume XCI, Issue 149, 24 June 1916, Page 6

THE ONEHUNGA ZOO

APPEAL COURT JUDGMENT,

An interesting judgment was given by the Appeal Court (First Division) today in regard to the Zoological Gardens at Onehunga, Auckland, established by Mr. J. J. Boyd, of Kilbirnie, AVellington. The Chief Justice (Sir Robert Stout), Mr. Justice Edwards, Mr. Justice Sim, and Mr. Justice Hosking were, on the Bench, and delivered separate judgments. . The appeal was againat the decision of the Supreme Court at Auckland, that bylaw xvii. of the borough of Onehunga is valid. The question raised on tho appeal was as to the validity of clause 2, which is as follows : "Whereas, in the opinion of the council, the existence or keeping of animals, reptiles,, and birds within the borough in any zoological garden is likely to become a nuisance or injurious to health : No person shall, after the expiration of six months from the coming into force of this bylaw, keep within the. borough any ani-mals,-reptiles, or birds which axe wild by. nature." The decision of the Court was that the appeal should be allowed judgment, declaring clause 2 of the bylaw to be invalid. Costs were allowed on the highest scale, as from a distance. At the hearing of the appeal, Mr. C. P. Skerrett, K.C., Sir John Findlay, K.C., and Mr. D. M. Findlay ; appeared for the appellant, the respondent; being represented by Mr. C. B. Morison, K.C., with him Mr. J. C. Peacock.