SHEEP CASES.

Wairarapa Daily Times, Volume 4, Issue 850, 19 August 1881, Page 2

SHEEP CASES.

[Before H. S. Wardhi,R.M., »ndG. ; ' H. Lister-Kaye, H, H. Beetham, C. A. Vallanoo, and A. W. Reuall, J.P'i.J This was a fresh trial of the oa3e W;-A, • P. Sutton, (Sheep Inspector)/v Thoraai of "Sheep Act, |B^"f. in failing to. dean certain (heip. " ' ri ■ • A-full hehbhtiaa; f beeh'p.fMre'd for thji case as a difference of opinion had arisen on the former trial between the EM. a'nd Mr Lister-Kaye J.P,' ][}'■■. The evidence was necessarily much the same as before, The plaintiff called Mr Tatham of Whareama to prove the existanca of icab, but on Mr Beard (for the defenpe) pbjeotipg. Mr Bunny (for plain; tifs), did not go on'with hjs evidence."'"' Mr E. Meredith jun.,' had aliVbeen subpnened bi)t could not be present, '%i\ official report from on,e In'ipectbr to, another fas alio objected tp as tyidincj, and the objection allowed- -. Mr Beard in addressing the Court for the defence submitted that whit the plaintiff had to prove was that at the expiration of the nine months the sheep were scabby, And he would r.?k what evidence, had been brought forward to prove the sheep were scabby at the ex- , pirajaor, of that time? No inspection had been made of the sjjeep, nor hac| thj ' sub-inspeolot taken any. if eps to satisfy himself as to the state of the iheep in dispute., The statement that the defepd-. ant did not ask.him,to merely' a; paltry excuse, • The (MrSutton),had,byhis evidence shown that he had prejudged the sheep, m he said he, formed; the: Qpiriiofl' would come in fj")bb; bijfore the'oth ef June, ■ Mr Su'ttori—ii , 'appearedr-»rrjvs4 at that opinion'upon nq.ground whoever. 4 stray sheep being found oh the 13th of June was prima facie evidence that that sheep did not belong, to the flock, ai Mr Sutton's opinion was that if a scabby

ihMD ffu 115, the flook on the 6th, more iMbby »heop .wpnld.be found ontholSth. Mr Sutton's own words therefore. proved that no scab existed there on the 6th. There mi no, evidence given to show that the sheep were infected, simply the Inipectora bar* opinion, and he held that the Oeurt ahould have from the Inipiotor Rood grounds for his opinion, or else the Inspector would only require to get into - the box to swear that in his opinion the were scabby, toseoure a conviction. He submitted that the plaintiff had utterly failed to prove the case, Mr Beard, in answer to the Court, stated he did not wish to call evidence. Mr Bunny held that the Act constituted the Inspector sole arbiter of what constituted scabby sheep, and he submitteftfcat the Court could not go behind nffflpinion. The Bench then retired to consider their judgment. His Worship in giving the decision of the Court, said that the Court was of opinion that .there must be a conviction, as the Inspector's opinion had been clearly given, and the Court held that he had good grounds for forming that opinion. The minimum penalty would be inflicted, as the' Court considered the defendant's dipping arrangements were good, but it intimated that it was an orror of judgment to mix the two flocks at shearing time. The amount of fine would be £1316s and costs, Mr Board gave notice of appeal. He alio: asked if the Court intended to always take the Inspector's opinion as final 1 The Court stated it considered it should alwa/s be informed of the facts on which such an opinion was foundsd, W.A.P. Sutton vThos. Hitching!.-! Breaoh of Scab Act in allowing sheep to •tray 1 . Mr Bunny for plaintiff, Mr Beard for defendant. Mr Bunny stated the case was brought to endeavor to prevent the dangor occurring, from sheep straying and spreading loab. If he gained the case he should only aik for nominal damages, In this case the offence was proved and the,prosecution asked for a conriction without a fine, His Worship stated that the minimum penalty wai and he did not think he could enter a conviction without a fine. He would reierve the decision till next sitting to satisfy himself on this point. The case against the same defendant for failing to have his sheep branded with the letter S was withdrawn on his paying costs. DRVNK AND DISORDERLY, Sergeant McArdle v J. Hutohens,— Drunk and disorderly. Fined 5s and costi. Same v J. Robson.—Drunk and disorderly. Fined 6s and cost. Sergeant McArdle v Luke Evans.Drunk while in charge of a horse, Fined £1 and costs. J. C, Ingram v Luke Evans.—Breaoh of Borough by-laws. Fined £1 6s and costs. The fines were paid.

A Faot Worth Knowing ,—ln these times of retrenchment and enforced economy, both public and private, it is consolatory to lmow that the " wind is generally tempered to the shorn lamb," and that there are few misfortunes without compensating advantages, With money in less abundance its purchasing power is greater—a pound low will go as far as thirty shillings in the era of prosperity. As a proof of this, tlereadersnf {his paragraph need only pay a visit to tho large sale of surplus stock at James Smilh't, Tt Aro House, Wellington. A very full and elaborate catalogue of the many large reductions made in the prices of general drapery ahd" clothing is enclosed with Satuday's My Hsßue, and merits £ 'careful jerraaT oh ' tile' part of 'all Bt'alionlolders, hotelkeepers/ heads of families, i'nd country residents generally. Special opportunities, like the one at present under consideration, occur but seldom : and it is ijjerefpre of importance that the fullest adfeno'd. To Aro House ha?' always stood well wifh the pnblig as, .to the' undoubted veracify qf its advertised prices, and on flouh,t many country rpsidents have ft lively recollection of the satisfactory bargains they secured in the past Equal, if not superior advantages aro now being offered. Owing to the unprocedontly low rates at whioh the goods are marked n > discounts can be allowed during the sale. As an additional attraction, the salo will include a special presentation to each purchaser of £3 worth and upwards of a beautiful chromolithographs picture, mounted on the best white cardboard, si?o % inphpn by 18 inches, |(jj 'time shguld tlttfeforp'bpjostin paying jftfflrvearjy yisistq<the surplus, Bale Rt' lames' Smith's To Aro Hope, WeJington,—[Apvt.l