Minard v. Dover, Rockaway & Port Oram Gas Co.

*133The opinion of the court was delivered by

Trenchakd, J.

The defendant, the Dover, Eoekaway and Port Oram Gas Company, was convicted by a justice of the peace of a violation of section 33 of the Pish and Game act, approved April 14th, 1903 [Pamiph. L., p. 534), for allowing infuse from its gas-house in Dover to flow into Eoekaway river.

The prosecutor assigns and argues many reasons for setting aside the conviction, but they may all be resolved into two— first,, that the complaint and summons were not endorsed as is required in suits by common informers under section 219 of our Practice act…