The Ashburton Guardian. Magna est Veritas et Prævalebit WEDNESDAY, JULY 18, 1888. THE SHEEP ACT.

Ashburton Guardian, Volume VII, Issue 1899, 18 July 1888, Page 2

The Ashburton Guardian. Magna est Veritas et Prævalebit WEDNESDAY, JULY 18, 1888. THE SHEEP ACT.

It will be remembered that a few weeks ago Mr Justice Ward quashed the conviction entered by a Resident Magistrate against a Mr Wachman m North Canterbury, for not keeping his run free oi scabby sheep. The judge held that it had not been technically proved that the sheep were infected, and so reversed the decision of the Resident Magistrate. Under section 23 of " The Sheep Act 1878 " it is provided, first, that if any sheep inspector be satisfied that any sheep are infected, he shall give notice to the owner to clean them effectually within six months of such notice ; and if within these six months such owner shall not have made reasonable exertions to clean such sheep, or if, m the opinion of the inspector, at the expiration of three months after the expiration of said six months, such sheep shall, m the opinion of such inspector, still bo " infected sheep," the owner shall upon conviction be liable to a penalty it was shown before the R.M. that exertions had been made, but ' questioned whether they were sufficient ; and the inspector declared that m his opinion they were still " infected sheep." On being examined as to his reasons for this opinion, he confessed that he knew nothing whatever about the state of the jsheep at or after the close of the six months, »nd had no idea whether the measures taken for cleaning them had been effectual or not, But he contended that until he chose to give h certificate that they were clean, these sheep must be held to be " infected Bheep " under subsection 7 of clause 5 of " Ihe Sheep Act 1878." This view was adopted by the R.M., and a penalty inflicted. On appeal, Mr Justice Ward held that this interpretation 'of £hp words "infected sheep " was inconsistent with t}ie cpntext of clause 23 : that the word " infepted " at the commencement of this clause clearly meant infected absolutely and really, and not merely infected m the genae of subsection 7 above cited ; and that this word when repeated as it was m the same clause, must be held to have the same meaning as when first used. It will thus be seen that some amend- ! ment is necessary to maintain the purity &f flocks as careless owners could, by refcgou of this technical argument, evade the provisions of ths Act to some extent, and so infect » country ejdp before measures could be taken to prevent it. !