The Nelson Evening Mail. SATURDAY, JANUARY 19, 1867. RESIDENT MAGISTRATE'S COURT.

Nelson Evening Mail, Volume II, Issue 16, 19 January 1867, Page 2

The Nelson Evening Mail. SATURDAY, JANUARY 19, 1867. RESIDENT MAGISTRATE'S COURT.

[Before J. Poynter, Esq., K.M.] This Day. BREACH OF THE SCAB ACT. James Grove, one of the Inspectors under the Scab Act, summoned Mr. Shepherd, of tho Wai-iti Hills, for a breach of the same. Mr. Kingdon, who appeared for the Provincial Government, said since the passing of the Act, the flocks of tlie province were in a much improved state, and the Government intended to enforce its provisions. The defeudan.t, in August or September last, purchased a number of sheep from Sir. Augarde. He wrote to Mr. Grove on 4th September, 1866, for a license, under section 9, to hold diseased sheep, not admitting they were diseased, but as a precautionary measure. He received a license to hold scabby sheep. When the license expired, he made no further application, as he should have done. If they were free from scab, he should have applied for a clean certificate, or for a; further license to hold them till they were sound. If they were sound, he should have given the Inspector information of it, aud obtained a license under the section so providing. lie applied for no further license, nor requested the Inspector to visit and examine his sheep with a view to give him a clean certificate. By the 16th clause the non-possession of certificate was held to be prima facie proof of the existence of scab. It was his duty therefore, on the expiring of his license, either to renew it for diseased sheep or to obtain from the Inspector a clean certificate. Mr. Shepherd said he did not so understand the Act. He found no such provision requiring him to obtain a clean certificate if his sheep were clean. His Worship said he interpreted the Act in a totally different way. Mr. Shepherd contended if he proved his sheep were clean, the case must fall to the ground, the onus of proof resting on others thot they were not clean. Mr. Kingdom held that the Act could not be carried out unless by his interpretation of it. When a license expired it must be renewed, for there was no getting over the 16th Clause which said " that all sheep were held to be scabby prima facie, unless the owner held a certificate of freedom." He had a license for scabby sheep, but on its expiring made no application for a clean certificate. All sheep were'deemed by the law to be scabby unless the owner held a clean certificate. Mr. Shepherd : I do not so understand the Act, aud I shall appeal most certainly. His Worship : Let us hear the evideuce. James Grove : I received a letter from Mr. Shepherd ou the 4th September. 1866, addressed to me as Inspector of Sheep, Waimea South. I issued a license to him to hold diseased sheep, under the 9th clause of the Act. It was in a priuted form. It expired on the 22nd December. Since this the defendant has not applied to me for a further license or a clean certificate. I have not been requested by him to visit and inspect his flock to see if they are diseased or free from disease. On these grounds I lay my information. To Mr. Shepherd : I have not required any evidence to be given as to the state of your flock, since the expiration of your license. I have sometimes asked people rs to the state of their flock. In all cases I have not applied for a summons three weeks after the expiration of the license. His Worship drew attention to the requirements of a recent by-law to the Scab Act, which rendered it imperative on the inspector to give notice ; although under the 9th clause the notice was not imperative. Witness : Since the 22nd December I have uot communicated with you in writing or otherwise as to the expiry of I your license. I have been to your house

but have not been able to get to know anything about the sheep. I did not know you were at [Richmond, when I called od the sth November, discharging magisterial duties. I called on the 12th December, to inspect the sheep, you had previously grumbled at the quantity mentioned in the notice. Your daughter said you were engaged. I did not tell her what I wanted. You sent word you would be engaged all day. I left a paper and went away, the paper now produced. I looked at the sheep I saw about. I did not ride away from your daughter, I turned to meet her and she turned in another track. His Worship again referred to the bylaw and the form of notice required by it, which the Inspector admitted not having sent. Mr. luugdon held that the by-law did not overrule his arguments, or render aii application from the defendant uunecesary. His Worship : The notice cancelling license is as follows: —"Take notice, that, as you have failed to take satisfactory measures for the effective cleansing of the sheep mentioned in the schedule below, of which you are the owner, and for which a license of three months was obtained, I hereby declare such license to be void, and that you are now liable to the penalties of the 10th section of the 'Nelson Scab Act, 1860.' " It appeared to him that the Inspector ought to have given the defendant notice that his license had expired, in the form of this schedule. The Inspector stated that he could not give Mr. Shepherd notice to this effect, because he had had no opportunity afforded him of examiuiug the sheep, or of knowing what had been done with them. His Worship said lie could not go on further with the case. He recommended that a notice be giveu in compliance with the terms of tlie by-law. At the suggestion of Mr. Kingdon, Mr. Shepherd gave the Inspector a fortnight's notice to come and inspect his sheep which he believed to be perfectly clean. If they were not he was prepared to apply for such a certificate as the Act required. Case withdrawn.