7

H.—32.

Be Waltee Gibson, Eunholder, Kaikoura. Sifi, — Eesident Magistrate's Court, Kaikoura, 10th July, 1883. At a sitting of the Court to-day, the case of A. H. Passau (Sheep Inspector) v. W. Gibson, for a breach of " The Sheep Act, 1878," section 23, was brought before us, the undersigned Justices. The defendant admitted the charge, but requested permission, which was given him by the Bench, to produce evidence in extenuation, showing that only a certain portion of the flock (about ten thousand in number) were infected, and only a very small number of these (having escaped the last muster) were actually diseased. That he had used every possible exertion and spared no expense in fencing the run and mustering and dipping the sheep, which was admitted by the Inspector ; but, owing to the unusually long continuation of bad weather, he had been unable to clean the infected portion of his sheep, which, it was shown, he would have accomplished if the season had been an ordinarily favourable one. This also was admitted by the Inspector, who had previously asked that the minimum fine only should be inflicted. The Bench inflicted the minimum fine of 3d. per sheep on the whole flock, amounting, with the costs of the Court, to the sum of £500 7s. The whole circumstances of the case considered—the exceptional nature of the case, the serious disadvantages with which the defendant has had to contend, the magnitude of the fine, and the crippling effect the full payment thereof would have upon his means of continuing his endeavours to effect the cleaning of his sheep—we therefore beg deferentially to recommend that His Excellency the Governor be advised to exercise his prerogative and make the fine a nominal one, as we are satisfied the case merits this recommendation. At the close of the case we mentioned to the Inspector our intention to make this recommendation, which he said he concurred in, and would make a similar representation to the Sheep Department. We have, &c, A. W. Ingles, J.P. The Hon. the Minister of Justice, Wellington. William Smith, J.P.

Gentlemen, — Department of Justice, Wellington, 3rd August, 1883. I have the honour to acknowledge the receipt of your letter of the 10th July, and, in reply, am directed to inform you that His Excellency the Governor has been pleased to reduce the fine imposed on Mr. Walter Gibson for a breach of " The Sheep Act, 1878," to £5. I have, &c, A. W. Inglis, Esq., J.P., and C. J. A. Haselden, W. Smith, Esq., J.P., Kaikoura. Acting Under-Secretary.

Sie, — Colonial Secretary's Office, Wellington, 6th August, 1883. I have the honour, by direction of the Colonial Secretary, to inform you that, taking into consideration the circumstances of the case, His Excellency the Governor has been pleased to reduce the fine imposed upon you for a breach of " The Sheep Act, 1878," from £500 to £5. I have, &c, Walter Gibson, Esq., Kaikoura. G. S. Coopee.

Sie, — Colonial Secretary's Office, Wellington, 6th August, 1883. I have the honour to acknowledge the receipt of your letter of the 11th ultimo, and, in reply, to inform you that, under the circumstances, His Excellency the Governor has been pleased to reduce the fine imposed on Mr. Walter Gibson for a breach of " The Sheep Act, 1878," from £500 to £5. I have, &c, Sheep Inspector Passau, Kaikoura. G. S. Coopee. Note.—Letter of the 11th July referred to contained a report of the Court case when fine was imposed.

Be W. L. Fowlee, Eunholder, Marlborough. Sie, — Hereford Street, Christchurch, 11th January, 1883. On behalf of Mr. William Longney Fowler of the Amuri, sheepfarmer, I beg to forward herewith petition by him for the remission of fines inflicted upon him under the provisions of " The Sheep Act, 1878," together with a recommendation for such remission signed by the principal sheepfarmers in the district. I have, &c, The Hon. the Colonial Secretary, Wellington. T. Waltee Speingee.

The Hon. Thomas Dick, Colonial Secretary, Wellington. The humble petition of William Longney Fowlee, of Stanley Vale, Amuri, Sheepfarmer, showeth :— That your petitioner for some years past has been the owner and occupier of the Stanley Vale Eun, situate in the Amuri Subdivision of the Marlborough Sheep District. That in the latter part of the year 1881 your petitioner purchased the Tophouse Eun, situate in the Blenheim and Picton Subdivision of the said Marlborough Sheep District. That, being desirous of removing sheep from Stanley Vale to Tophouse, your petitioner had several interviews with Inspectors Knyvett and Blundell relative to such removal, and in the month of January, 1882, your petitioner received a communication from Inspector Blundell, of which the following is a copy: " Memorandum from A. K. Blundell, Sheep and Cattle Inspector and Eegistrar of Brands, Blenheim, 18th January, 1882, to W. L. Fowler, Stanley Vale, Amuri.—l am in receipt of a letter from Mr. Wieslnhavon, in wlaich he informs me that you wish to remove some sheep from Stanley Vale to the Tophouse.