THE SEA FISHERIES ACT.

Otago Witness, Issue 2254, 13 May 1897, Page 8

THE SEA FISHERIES ACT.

j At the Police Court on Thursday, Siag Hing was charged on the information of D. Harris Hastings with having uuderaized flounders in his posses- ! sion on tbe 30th of March last.— Mr B. O. Haggitt I appeared for tbe prosecutioD, and Mr A. C. Hani lon for the defendant.— D. Harris Hastings, inI spector under the "Sea Fisheries Act, 1894,' ! stated tbat on the morning in question he saw a [ brisket of flounders on the end of the guard's van at Pelichet Bay. He seized the fish and went with them, accompanied by Mr Duthie s carter, '< to Stewart, tbe fishmonger's shop. He and Mt Stewart measured some of the fish and found that five of them measured S|in in length, aud twoßJia in length. There were 12doz and six or seven in the basket.— Andrew Davidson, stationmaster at Sawyers' Bay, stated that the defendant consigned 1 a basket of fish on the date mentioned in trie mi formation to Mr Stewart, fishmonger, at Dunedin. The fish were placed in the rear of the guard s van of the train.— John Stewart also gave evidence for the prosecution.— Sly Hanlon submitted that the evidence was not sufficient to warrant his Worship in recording a conviction against the defendant ' It would be proved that there were 12doz and 10 I flounders in the basket when it left Sawyers Bay, i and a3 there were only 12doz and six or seven, Recording to the evidence, the inference was that ! some person bad interfered with the fish, on the I journey to Dunedin.— Tbe defendant, Sing Hing, said he counted the fish twice before putting them on the train and there were 12doz and 10 He also measured all the flounders, and they were all 9in in length or over.— The evidence that the inspector found some under-sized flounders in a basket of fish on its arrival by train at tbe Dunedin lailway station does not prove that defendant, who put the basket of fish on the platform of the guards van at Sawyers' Bay, was in possession of under-sized I flounders at Sawyers' Bay, because there is no evidence to show the basket of fish arrived in the ! same state as when put by defendant on to the train. Undoubtedly the prosecution mu3t give Ruch proof or there can be no conviction. It is ' not merely a question whether it is likely the fish were tampered with on the journey to Dunedin ; but if the prosecution relies upon the condition at Sawyers' Bay being the same as at Dunedin there must be reasonalla proof that it was so. I think the case for the prosecution was not sufficient, aud, beyond that, defendant has sworn that he measured all the flounders he i)ut into the basket, and none measured under 9in. He also swore that he counted 12doz and 10 flounders into the basket, and, as the label put on _ the basket at Sawyers' Bay shows that number, it is some corroboration of it. The inspector found 12doz and six or 12 dozen 1 and seven only in the basket, and if the evidence on this point is correct on both sides, it would show some interference with the fish during the journey to Dunedin. It would no doubt be a great conyenienca to the inspector, and facilitate his dutie?, if the consignors of fish at distant places could bo held responsible under all circumstances for the contents of packages of fisb landed at the Dunedm railway station, but this is not the law. The case will be dismissed.

The Waihora took a large consignment o£ butter to Sydney on her last trip. Kimmo and Blair's Planet Jr. Garden and .Farm Implements are in use on hundreds oj farms in New Zealand. They are considered great savers of labour, and no farmer should be without one of their Horse Hoes. Dunedin.— Advfc.