MUSTERING OF SHEEP.

Otago Daily Times, Issue 21145, 1 October 1930, Page 8

MUSTERING OF SHEEP.

FAILURE TO INFORM NEIGHBOURS.' AN UNSUCCESSFUL PROSECUTION. (Peb United Pbess Association.) ' WANGANUI, September 30. The magistrate (Mr J. H. Salmon i gave Ins reserved judgment in the case of Detective Revel! against Keith Aitkeh, xarm overseer, who was proceeded against tor mustering stock for removal and not informing the adjoining owners. When the sheep were on the road to the freezing works it was noticed that some of a neighbour's fat stock were amongst them. Counsel for the,defence raised the point that the detective was not entitled to prosecute, as an information could only be laid, under the Stock Act, by a stock inspector or other person interested. The magistrate held as follows:— 1 " It is clear that the Legislature intended that prosecutions should be brought only by an inspector or other person interested, and the only interpretation that can be put upon the words ‘or other person interested/ is other person interested as the occupier of the adjoining land, or interested as the owner of the stock concerned ,or affected. To adopt the view that a stranger may prosecute from motives of interest in enforcing the law would be tto put too violent a strain upon the language of the Statute, which is dear and unambiguous.” The information was dismissed.