IMPORTANT SHEEP CASE.

Globe, Volume XXII, Issue 1956, 1 June 1880, Page 3

IMPORTANT SHEEP CASE.

A somewhat important sheep case, in which the question of an insufficient description of the boundary between the Waiau and Canterbury districts in an official proclamation, formed the chief feature, was heard before Mr Beswick, R.M., at Kuiapoi, on Monday. Mr Joynt appeared on behalf of the Crown, instructed by Mr Boulton, Chief Inspector of Sheep, and Mr Spaokman for Mr A. Earshman, occupier of the Pahau run. Tho charges brought were, (1) that on April 22nd defendant introduced 200 sheep from the infeoted sheep distiicc of Wuiau into tho clean sheep district of Canterbury, without examination by an inspector, in contravention of section 41 of the Bhoep Act, 1878; (2) with having convened such sheep over three miles within the latter district, in contravention of section 43, without having effectually dipped the said sheep, and (3) that he allowed the aforesaid sheep to be driven into the clean district other than by crossing places authorised by the Governor, contrary to section 44 of the before quoted Act. The " Gazette " notice of a proclamation of the Waiau Sheep District, and northern sub-division of the Canterbury District, of February 4th, 1880, was put in. R. P. Bain, surveyor, deposed he had made a survey of the country in question, and the St. Leonard's run and Cheviot Hills as far as the Pahau, producing plan of same, and pointing out the boundaries of the Oulverden and Balmoral runs. The boundary at the Pahau river, after reading the "Gazette" notice of the proclamation, be considered to be be badly described. Could not state positively how the Balmoral fence therein alluded to ran.

Reginald Foster, sheep inspector for the Waiau and Northern districts, stated the boundary of the district was from the St. Leonards fence and the stone hut to the confluence of the Pahau with the Hurunui. The Waiau district was infected with scab ; the Canterbury district was clean. Believed that crossing places were appointed by the Governor under the Aot of 1878. The Waiau district was infected on September Ist, and declared an infected district from September 24th of last year. Knew defendant, who occupied the Pahau reserve made for educational purposes, on the Balmoral side of the St. Leonard's fence. This reserve was bounded N. and E. by the river Pahau, S. by the Hurunui, and W. by a wire fence separating it from Balmoral. This fence was not connected with the St. Leonard's fence. Acted as inspector in April last. Was not then applied to to inspect a mob of sheep for defendants. No notice was sent during that month of their intention to cross sheep into the clean district, and witness had given no certificate to defendant to cross sheep. Had met him at St. Leonards that month, when he said he intended to drive sheep from Pahau reserve into Canterbury without complying with the proclamation, as ho considered the way the boundaries were set out did not hinder him. Witness warned him he would lay an information if ho so aoted. Witness had not given any order for sheep to be dipped, and had not seen the sheep in question. Was not aware of defendant taking sheep on to Balmoral run. H-d seen the Balmoral shepherds returning stray sheep to defendant's station. When witness met defendant at Balmoral in April he showed him a copy of the notice of boundaries which were intended to include his reserve—the Pahau—in the infected district.

By Mr Spaceman—The reserve was considered as part of the original Balmoral estate. The Balmoral flock ran over it five years ago. Did not know it ceased seventeen years ago to be part of Balmoral. There was a piece of country occupied by Mr Bethel between St. Leonards and Pahau. Did not know of scabby sheep on the Pahau reserve. Sheep going along the Groat North road to the Pahau reserve would crosa the Balmoral piece. When they met defendant talked about the former boundaries, but not about the proclamation of February 4th. Did not say to him there was nothing in the " Gazette " to prove he was in the infected district. Do not remember saying either it was a hardship for a clean place like his to be included in the infected country. By the Bench—He could have no misapprehension as to the boundaries, as witness told him he would lay an information if he crossed.

P. B. Boulton, chief sheep inspector and registrar of brands, Canterbury district, gave evidence of the crossing placos on the bridge over the Hurunui and the road between Culverden and St Leonard's appointed by the Governor. On April 27th inspected a mob of 200 sheep at G. Weston's, Ksiapoi, which bore A2, the registered brand of defendant. By Mr Spackman—A copy of a former proclaimed district was sent to defendant, but not the late one. Mr Foster had mentioned to witness that there was a discrepancy in the description of the boundaries. R. Wilßon, at present shepherding at Cheviot Hills, stated that in April he saw Earshman and McKsy driving about 200 sheep. They crossed at the Kaiwarra. G. We3ton, farmer and butcher, Kaiapoi, stated on April 26th he purchased 200 sheep from McKay in the town. They were branded S or 2. Witness' brand is now on them. He Baid ho brought them from St. Leonard's. They did not appear to have been dipped. This closed the case for the Crown. Mr Joynt withdrew the information charging Earshman with driving sheop across another than a legal crossing place. For the defence A. Earshman stated that he went to Mr Faster ■ some time in March, having received a copy of the notice produced. It was in consequence of receiving the notice he went to see hiaa. He asked him about the notice. Witness showed Mr Foster that the boundaries were wrong, and he admitted they were not properly described. Witness had lived in the neighborhood seventeen years. The Pahau reserve had not to his knowledge been part of the Balmoral run. The fence stated by Mr Foster to be a continuous one is not a continuous one ; part is seven, part six, and part a live fence. This fence has never to his knowledge baen called the " Balmoral fence." It waß called the Pahau fence.

By Mr Joynt—The fenoe extends from Hurunui to Pahau, but does not connect with St. Leonard's boundary fence. Took the sheep off the educational sosorve, and drove them to Kaiapoi. J. H. Davison, manager St. Leonards, said he had known the country about St. Leonards for eleven years. Witness described the boundary fence of the Balmoral run. The fence where the sheep had crossed had never been called the Balmoral fence. It makes nonsense of the proclamation to call the fence the " Balmoral fancc." He could not recognise the boundaries from the description as sot out in the " Gazette."

By Mr Joynt: Mr Wigley had the Pahau reservo before the Eirshmans. Ho was owner of the Balmoral run, and worked the Pahau reserve as part of that station. Mr Spackm<\n, for the defence, urged that the strictures of penal statutes like the present Sheep Act, ought, in cases where there was misapprehension, and as in this case also misdescribed boundaries, to be construed leniently towards his client. Mr Joynt maintainad that the words " Balmoral fenoe " in the proclamation were sufficient to shew what boundary was intended to be taken, when the starting and terminal points, viz., St. Leonard's and confluence of the Pahau river, were mentioned. The Resident Magistrate said he should take time to consider the points raised, and give judgment at a future dato ia Christchurch*