3

fi.—3s

It may be said, " If all this lying in Court is going on, why do I not order a prosecution for perjury? " There was one committal by me for perjury in a licensing case in which the perjury was absolutely demonstrated beyond all question—perjury based on conclusive documentary evidence—yet the jury acquitted the accused. It is not the first case of the kind within my experience, and it is a matter of general " On dit" that a conviction for perjury cannot be got out of an Otago or Southland jury. Convictions for perjury are, in my judgment, never likely to be obtained as long as the fault is elevated into the dignity of an indictable offence and subjects the offender to seven years' imprisonment. When criminal law shall obtain due attention and rational treatment from the Legislature, lying in the witness-box in all matters of summary jurisdiction and that of the Magistrate's Civil CoUrt will be an offence punishable summarily by the Stipendiary Magistrate by fine or alternative imprisonment. I have placed, to the best of my ability, before you my judgment of the whole position. It is for the Government to take the responsibility of maintaining or of asking Parliament to abrogate this law; but if Parliament declines to abrogate the law, then I think that the Executive should put on such a force as to render the breach of the law impossible; for I hold that the continuance of the present state of things is unendurable, an evil of a character most mischievous to the morality of the population of the district. Whatever happens, as long as the law is in force, I shall, in the discharge of my magisterial duty, rigorously enforce it. On that head the Government need entertain no doubt whatever. I am, &c, Bobert S. Hawkins, Stipendiary Magistrate for the Lawrence, Milton, and Clutha Districts.

MAGISTRATE'S COURT, BALCLUTHA.—CLUTHA DISTRICT. Return of Persons convicted and charged with Breaches of the Licensing Act.

Date. Nauio. Offence. Dato of Conviction. Magistrate. Decision. Amount of Fine. 28/2/95 Charles F. Dunnett .. £ s. d. 10 9 0 Thomas J. Collins William Simmonds .. Sly-grog selling 8/3/95 R. S. Hawkins, Esq. Convicted, and fined £10; costs, 9s. Withdrawn. Convicted, and fined £10; costs, 9s. Withdrawn. Convicted, and fined £10 ; costs, lis. Withdrawn. Convicted, and fined £10; costs, 9s. Fined £15 and costs ; confiscation ordered by R. S. Hawkins, Esq. Withdrawn with consent of Bench. 10 9 0 jlO 11 0 14/11/95 Patrick McCann Augustus Munyard .. 20/3/95 10 9 0 15 0 0 Elizabeth M. Marshall Fined £15 and costs ; confiscation ordered by R. S. Hawkins, Esq. Withdrawn. Fined £50 ; confiscation ordered Withdrawn. 15 0 0 Patrick McCann 50 0 0 Mary Collins Thomas J. Collins .. Sarah Officer Fined"£35 Fined £15 ; confiscation ordered Withdrawn. 35 0 0 15 0 0 John Sector Withdrawn. Fined £35 Withdrawn. 35 0 0 Charles F. Dunnett .. 18/11/95 5/8/96 Mary Dunnett Thomas J. Collins .. Patrick McCann 18/8/96 Dismissed without prejudice, information to be laid again. Withdrawn. Dismissed without prejudice, information to be laid again. Withdrawn. Dismissed. Augustus Munyard .. 20 17 0 16/7/97 Thomas J. Collins .. Patrick McCann Eliza McCann Charles F. Dunnett .. Mary Dunnett Augustus Munyard .. 26/11/97 Fined £20, and costs 17s. Dismissed.