THE COURTS.

Marlborough Daily Times, Volume II, Issue 127, 8 June 1880, Page 3

THE COURTS.

Blenheim, Monday, June 7. (Before 11. Mclntiro, Esq., R.M.] SUTTON V. WARD. This case stood over for judgment from the previous Monday. The defendant, it will be remembered, was charged with driving sheep across a run without giving notice of intention to drive as required by section 49 of the Sheep Act. The case was fully reported in our columns of Tuesday last. The Court dismissed the information on the ground that the evidence for the prosecution did not support the information. The offence as charged was for driving sheep across a run, whereas it was shown that it was across a public road that the sheep were driven, and the Legislature evidently regarded a road and a run as two different things. It appears to me, said the R.M., that the 49th and 50th sections of the Act must be read together, and that clearly to understand the intention of the Legislature as expressed in the 49th section it will be necessary to read in the first instance the 50th. That section enacts that any occupier of a run may without warrant inspect any sheep which are being driven across or over any part of such run, and that every such occupier, in the case of sheep which are being driven over any run, immediately adjoining his own run, or over a highway passing through or hounding his own run, may require the persons driving such sheep to provide the clean certificate which is in force for such sheep, and this section empowers the occupier, if such certificate or permit be not produced, without warrant, to inspect such sheep under a penalty on the party refusing to allow such inspection of £SO. The 49th section, under which the information is laid enacts that any person about to drive any sheep across any run, shall give to the occupier thereof at least 24 hours previous personal notice of the day as well as of tiie point or place of he intended entry of such sheep on such run, and the direction in which it was intended such sheep should cross such run. It seems pretty clear then that the 50th section is a sequel to the 49th, and that the Legislature’s intention was that the occupier, as contemplated by the 50th section, who might inspect any sheep driven across his run, or over any run immediately adjoining , or over a highway passing through or bounding his run, should receive a notice of the intention of the person who seeks to drive, and that whether it be over a run, or over a highway, passing through or bounding the run. It seems to me then that the intention of the Legislature though clear, is not expressed, and by a legislative blunder certain words have been left out of the 49th section, and that such section, instead of reading merely that any person about to drive any sheep across any run should give to the occupier thereof notice, and so on, should read, “ Any person about to drive any sheep across any run or over a highway passing through or bounding any run shall give to the occupier notice,” &c. It is perfectly clear, having regard to the terms used in the 49th and 50th sections, that the Legislature intended that the words “ run ’’and “ highway ” should have separate and distinct meanings. The evidence in this case discloses the fact that the defendant’s sheep were driven along a road or highway without notice. The information is laid for driving across a run without notice. It appears to me therefore that the evidence does not disclose any offence under the 49th section as by that section no penalty is created for driving along a highway without notice. To my mind although it was the intention of the Legislature to include highways in the 49th section, yet this has not been done and Courts of Justice cannot repair legislative blunders. It must be regarded in the light of a cditus ommis or quod volr.lt von di:.1,% and that the Legislature which made the blunder can alone repair it. The offence charged is laid under a section which does not contemplate the facts proved as amounting to any offence at law, and therefore a Court of Law has but one option, namely, to dismiss the information.” Mr Rogers, for defendant, asked for costs. This, he said, was really a private prosecution by Mr Stace, who got the Sheep Department to take it up so that it should not cost him anything, and he thought this was not a course which the Government should take. The Department which instituted the prosecution was well off and ought to pay costs. The Resident Magistrate declined to grant costs against the Crown. The Chief Inspector pointed out the clauses in the Act defining the duties of the Sheep Inspectors and showing that all fines, fees,l&c., were paid into the Consolidated Fund, therefore it was not correct to say that the Department was a rich one. PARKER V. MATHESON. This was a claim for £ll ISs 8d for goods sold and delivered. The defendant, who resides in the North Island, did not appear but the service of the summons having been proved and also that the amount sued for was due and owing, judgment was given for the amount claimed and costs. W. J. ROBINSON V. G. HARGREAVES. This was a claim for ss, the cost of a summons taken out by Mr Stenhouse, as agent for Mr W. R. Robinson, of Spring Creek, against Mr Hargreaves, who settled the matter with the plaintiff, but did not pay for the summons. Mr Sinclair appeared'for the plaintiff, who obtained judgment with costs £1 IQs. There were two or three other cases on the list, which were either struck out for non-appearance, adjourned or settled out of Court.

L'xiE FIRST MINISTERIAL CAUCUS. The first Ministerial caucus of the present Parliamentary session was held yesterday afternoon, when the following 27 members were present : —The Premier (Mr Hall), Colonial Treasurer (Major Atkinson), Nativo Minister (Mr Bryce), Minister for Lands (Mr Eolleston), Colonial Secretary (Mr Dick), Minister for Public Works (Mr Oliver), Sir W. Fox, Hon. E. Richardson, Colonel Trimble, Captain Russell, Messrs Adams, Bain, Beetham, Brandon, Hursthouse, Levin, Masters, M’Lean, Moorhou.se, Murray, Pitt, Richmond, Saunders, Stevens, Sutton, Tomoana, and Wakefield. In addition to these, Messrs Walter Johnston, Mason, and Swanson, who were in Wellington, but not present, were accounted for as belonging to the party, as also were the following members, who have not yet arrived : Messrs Bowen, Colbeck, Driver, Fulton, Gibbs, Hirst, Hurst, Kelly, Kenny, M’Caughan, Ormond, Seymour, Studholme, Whittaker, Whyte, Wright, and Reader-Wood. Assuming the Government whips to be accurate in their classification, this represents a strength of 47, while the accession of sevei’al other members is expected. On the meeting being opened, Mr A. de B. Brandon was voted to the chair. The Hon. the Premier then sketched the intended action of the Government respecting the business of the session, mentioning that the Financial Statement would probably be delivered on Tuesday next, Bth June. He submitted to the meeting the proposal to revert to the limit in the number of members forming any select committee fixed by the standing order, namely, ten, excepting in particular cases, such as the Committee on Native Affairs, to which, as usual, the four native members would be added. It was explained that the object of this proposal was to avoid the customary waste of time occasioned by additional members of committees being proposed, and lengthy debates taking place thereon, while, if the party would loyally support Ministers in resisting any suggested additions, this could be prevented. The proposal met with the hearty approval of those present, who promised to assist the Government in carrying it out. It was also mentioned that the Government were considei'ing modifications in the Property Tax, to obviate unnecessary inconvenience to the public. It Avas explained that Ministers were not positively wedded to any precise method of collecting this tax, so long as the money was actually raised, for that was absolutely needed. If ! any method could be suggested by which the annoyance to the public could be lessened—some being inevitable with any form of direct taxation—the Government would be very glad to adopt it, and members were invited to express their ideas freely, as Ministers would be glad to receive and consider any suggestions which might be offered. The members present were quite unanimous in supporting the views expressed by the Government, and especially pledged themselves to do all in their power to assist Ministers in carrying out the measures of economy and retrenchment which were rendered necessary by the condition of the colonial finances. Mr Moorhouse made a vigorous and telling speech in support of this resolution, remarking that he had often been twitted with being an advocate for extravagance, and too much inclined to “go ahead.” He defended the principle of “ going ahead ” when the position of the Colony justified it, and contended that this course was the truest economy when the resources of a country could be developed, its commerce extended, and its progress expedited by launching out somewhat. At the present time lie was quite willing to admit that we had been going a little too fast, and that retrenchment was imperative. He should, therefore, cordially support the action of the Government in the direction of economy. This declaration was received with great applause, and evidently hit the views of all present. The utmost unanimity, in fact, appears to have prevailed throughout. Some discussion took place relative to the provisions of the Regulations of Elections Bill, the question raised being whether it would be advisable that the polling in a general election should take place on the same day in all districts, or whether the number of districts in which any elector might record his vote should be limited, but ultimately the question was left an open one, the general feeling being in favor of simplifying the working of the Act as far as possible. After some further conversational discussion as to the business and prospects of the sesthe meeting adjourned, it being decided that another should be held so soon as the remaining members of the party arrive, which is expected to be during the current week.— Post, June Ist