CORRESPONDENCE.

Nelson Evening Mail, Volume XIV, Issue 145, 19 June 1879, Page 2

CORRESPONDENCE.

To the Editor op the '* Evening Mail." a H IR "~ The 26th and 27th clauses of the •Protection of Animals Act, 1873," run thus:— (26.) "If any person whatever shall at any time commit any trespass by entering or being upon any land in the search or pursuit of game, or native game, such person shall, on conviction thereof before two Justices of the Peace, forfeit and pay such sum of money, nofc exceeding twenty pounds, aa to such Justices shall seem meet: Provided always, that any person charged with any such trespass sbajl be at liberty to proYQ, by j

way of defence any matter which would have been a defence to an action at law for such trespass." (27 ) " Any person found trespassing with gun* or dog ; and gUnj shall prithi fin ie be deemed to be in pursuit of game: and subject to the provisions of thia Act.*' I in see the Evening iVI ah, of yesterday one William Harvey was proved to have been trespassing with dog and gun three or four chains within the boundary line of the Brumduan property. Nevertheless the Bench considered it a trivial case and dismissed It: We all know that the discretion of Magistrates is a very indefinite and elastic thing; but can it be stretched so far as to override and nullify an Act of Parliament they are bound to enforce? Surely the iufliction of a small or nominal penalty is the proper limit of their discretion in that direction when an offence is proved, if they tbink it a trifling one; not the dismissal of the case, which amounts to a denial of protection to person aggrieved who has proved au infringement of the law, and throws the costs on him, while it lets the offender off scot free. I am, &c, (3. P. Q. June 19, 1859.