MAGISTRATE'S COURT.

Oamaru Mail, Volume XLIV, Issue 14779, 1 September 1920, Page 3

MAGISTRATE'S COURT.

THIS DAY. . livtore Mr .1.1!. liartlioloincw. S.M.) CIVIL CASK.-.

.ludeiin ill b\ (L-faiilt v.a- given in lb, ease ~f .I.ime- M< huriind iMr d„,d.M \. .lobii l.itilc. to; f:', !•>-. Co.,i-i .-o i- C: ■". »:.l. oh, iior'- lee Hit; i . .1. Ciii.iim-b.iin i Mr W. C Cr.no i. >■„.,;, iilit. I.:-..!.. '..- Cd, ■ ..m- I-- Isd. A SHKKI'-Mi'l'lNC CASK.

John A. Milloa IMr llaliidto..) was . bare, d mill having faded to dip-beep by Air S. M. 'J'avlor. .-Uo.-k I lu-pccUjr. T'ile d.'f. Ildant adllillteil the charge hi i. -.ml io liiiiii eio br. ti -b. .-p. bin the JiiTj.,-. ~,,- -aid ibiit i here wore OliOd -he. ii .-oil, i rned. The . .i-i w.e- all important one. a.- Sutton, with Hi,lo-1 -beep, was lb.- second largest sllecpiioider iii the di-lri.-t. and knew the regulation- thoroiiehh . ruder -ction |T ot tile Slock Act. owners were compelled to ilip iong-woolled or crossbred -beep between January and April each \ear. ( io—e- between lone --.nd shortwooli.d sh. i-p w.-re r. -. unii-M d under the A.-i as . ros-bred sheep.

This war; an important ease to sheep larmers. the main is.-ue in dispute home whether halfbred sheep were crossbred- «it hill lhe meaning (J | the Stock Ac|, I'.-Hl*-. and therefore required to be dip|ied during the first four moiilhs- .if the year. The prosecution contended that 'halfbreds were crossbreds and required dipping: the defendant (Sutron). for whom .Mr Andrew Hamilton, ot Newton and Hortoit. ap|ieared. contended the contrary.

.10-eph Condon, manager of Waitangi Station, stated that all lhe crossbred sheep wen> not dipped, but only -ome -tillII) of i hem, a mixed lot including merinos, halfbreds. ami cros-breds. The returns (produced) showed 1(5.000 sheep on the property. There were 20(11) coarse-woo)led sheep on the, station. A halfbred sheep was a Merino or Corriedale ram put to a coarsc-wool-lerl ewe. A halfbred could be called a crossbred. Halfbred rams to a halfbred ewes would throw crossbreds or comebacks. There were few purebnd Merino rams on Waitangi. There were very few pur* Merinos in New Zealand. The, fences were not verygood, and the sheep could get practically all over the run. There were 200 long-tailed crossbred ranis running: o» Waitangi. but they had been sold. They were kept in paddocks and not allowed to roam at will. The long tails were left to distinguish them. They were kept since they were lambs. Their progeny would be crossbreds or comebacks. Sutton's instructions were not to dip all the -b-ep. as the majority >'iii' .-lean [t w.« 'J,;,.ft. Jambs that wire dippi'l as ib'v .v re more subject to vermin lhan older she -p.

To' Mr H i milt on . There were about 2(i(t() is. and the remainder (ine-wooilod sheep. Halfbreds and halfhreds would produce mostly halfbreds. finer wool led than i-rn-wnreds. If selling sheep at. the yards they would lie called halfbred or crossbred, and the Waitangi wool would he styled in the samo way. Sutton said that, he would only dip so many sheep, and if the Stock Department forced him to dip all his shee'p he would make it a. t-est case. Sutton had been fanning at- Waitangi for .'iO years, and had not previously been proceeded against for failing to dip. Sutton evidently thought he was not. compelled to dip all his sheep.

To M"r Taylor: ITe ordeied 12 drums of dip. intending to use it. on only those sheen he dipped. Here Mr Taylor exixisrc! a two-foot lenuth of wool and asked if that were halfbred wool. Witness said that this was several years' rrj-owlh. but- was nevertheless halfbivd. A halfbred was a halfbred ram to a Merino ewe (a fine halfbred) or a Merino ram to a crossbred ewe. or a Merino ram to a very coarso ewe.

Mr Wm. Wills, Chief Stock Inspector for Otago and Southland, stated that in March last he interviewed Sutton, who said that ho had not dipped last year as the Department could not compel him to dip. Witness pointed out the provisions of the Act. which made it clear that ho must dip his sheep. Sutton would not agree to dip all his sheep this year. Witness would

styki the majority of 'SYaltangi sheep a-, a mixed lot more allied to the crossbred than tho Merino. The whole lot ran together, and the fences would not hold sheep. The Department's contention was that a halfbred sheep was a crossbred, as no crossing was practised' in New Zealand between short-woollod. sh.ep. T.i Mr I'liimiltoii : Witness did not name the prui isioiis of the Act t.i Sultmi. as they were quite clear. Only Merinos were not mentioned in the Act as having to be dipped. All crossbreds ueie not, long-woolled sheep. It was tlii- breed of a sheep which decided their liability to lie dipped, not the length of the wool. l T nder the dipping cbniscs lialtbrills were looked i - crossbreds and to be dipped. To the Magistrate: A crossbred was a conrscr-woolled sheep than a halfbred. A first cross sheep would be called a halfbred. Matthew Robert Findlay, Stock Inspector at Knrow, who was present, at Wills' interview with Sutton, corroborated Wills' evidence. Crossbred sheep were any sheep bred away from the merino. A farmer would take a halfbred as distinct, from a crossbred, but all halfbreds must be crossbreds, as they must be crossed to breed. A "cross" bred was a lunger wool led sheep than a "halfbred" in fanners' terms.

To the Magistrate. Amongst iarmers a crossbred was a Lincoln-Leicester or some such lone; woolled breed. A Lincoln and a halfbreil would give a rrossbred. Vincent Livingstone Fraser, of Hakatramea, stated that Waitangi dipped about 'IOOO lambs the year, a mixed lot, from a musterer's point of view. He -aw crossbreds and merino- on Waifangi, the latter in a minority. A halfbred was a cross between a long wool and a merino. To Mr Hamilton : A crossbred, in the common term, was a long woolled sheep, a halfbred was a medium woolled sheep, and a merino iva« a short woolled sheep. To Afr Tavlor: Witness saw some of the long tailed rams with two years' fleece on them. He would not like to say how they were bred, but he would call them crossbreds. There would be a good many of their progeny- amongst the flock.

Mr Hamilton regretted that Mr Sutton was unablo to appear. But when interviewed a few days ago, ho wap quite clear on the point that, never having; dipped all his sheep before ne would make it a test ea.se. The definition of a crossbred sheep was important, but it was admitted that 1000 long crossbreds were not dipped, but it was contended that the balance was ha If bred, quai lorbred, and merino, which were neither crossbred nor longwoolled and therefore exempt from dipping. Mr Taylor's interpretation of the Act was inaccurate. Tf, mennos -were to be exempt, it would have so stated. The Act stated that only long wool led and crossbred sheep must be dipped. The definition crossbred could not be interpreted to fit the Act, but its interpretation amongst farmers must be that taken.

William Wilkie Mitchell, a sheep farmer for 50 years in Otago, Canterbury and Southland, stated that halfbred and crossbred breeds were dearly distinct breeds. If he were selling sheep he would not sell halfbred sheep as crossbreds. A halfbred was a Corriedale, bred forty years ago and to-day a purely distinct breed. Wool was classified as halfbred, thiee-quarter, and then crossbred. Amongst the three- quarter sheep would be many with crossbred wool. Crossbreds were not suited to high country. A halfbred was a short wool led sheep, a crossbred was a long woolled sheep. To the Magistrate: Corriedale rams to halfbred ewrs would give halfbreds. To Mr Taylor: A Lincoln ram to a M< rino ewe would give a halfbred. <n Tou can't get a half without a cross, but that cross is never known as anything but a halfbred." The progeny of the long-tailed nondescript rams and the. varieties of sheep on Waitangi would be mongrels. To the Magistrate: All halfbreds were not Corriednles; hut it was possible to have a halfbred between pure Lincoln and Leicester. If Waitangi were using Corriedale rams on halfbred ewes tho progeny would be half-

bred-, with no cross !u llirin. Oik 1 | purebred and ;i hallhred would give • three-quarters. 11 ;i .Merino r;:ill wt'iv I>i 11 to ;i halibred I hi- result was a (|ti,'ii'i>T'iiii:! or <i come-back. Three(|ii.irii'rl,r<'il was nearer the long wool ill.in a halihnd. but would uol be called a eio-si.n it until the lird cross. Slid ji v.i i'c classed liv their wool. .Mr ,\i.\..Murdoch'. a lanu, r and sli.epbreodcr l'or over -111 years, slated th:;: ili.- i.\ jn-ric lice among sheep i\ as wide. I!u had indeed shows from Itawke', Ma\ Io Southiaiid lor .'id year.-. Cro-.-'brcd and hall hied sheep Were i, n: t«■ di.--l inei. eilher l'or sale or woe! pin pusc>. A halibred sheep was a sh.n l-wi.olled sheep and a crossbred | was a longer woolldd sheep. A halfbred' was neither crossbred nor long-woolled. I To .Mr Taylor: A sheep bred from n : .Merino and a lone-wocjlled sileep was a i hah bred'. A crossbred ram and a hajllucd ewe would give crossbreds. Sydney \{. Thompson, auctioneer and sioek agent for .Messrs Wright. Sleveili son and Co.. (il Oainaril. stated lluit ill I 111 years' experience the ordinary meaning of crossbred amongst sales- ! people 'w:l< long-woolled sileep. The bulk of Waitangi .sheep he liad seen v. ere .Merinos and come-backs. To Mr Taylor: Kniin the wool returns ."ill per' cent, of the sheep wore Merim..-, and com.-baeks. lie had only s, en I hi: sileep in the yards. li was dilliciili Io tell between Merinos and cuine-hack-. Come-backs were (piar-l.-riireds. between .Merinos and halflinds. with finer wool than halfbrcdand nor so line as Merinos. Frank King, professional wuolclasser of Timaru. stated that last year and lhe year before he had classed the 'Waitangi wool. There was voi-y little crossbred wool. mosily .Merinos and halihreds. Crossbreds were, lone; woolled sheep, halihreds wero short-woolled. There was ."> per rent, crossbred sheep on Waitangi. the rest short-wool led. halfbred. quartorhred. and Merino. The quality of the Waitangi wool was good, and it brought a high price for upcountry wool. To Mr Taylor: A halfbred sheep could not he a crossbred, though of cuur.-e it might, be in a sense a. cross of sheep. The "Waitangi clip was not always light. A few of the openwoolied sheep, he could see in the yards, would have been better dipped, but the Merinos would not. Gordon Millington. woolelasser, of Oamaru. with 2o years' experience, said thai it was true that crossbred and halfbred wools were different in. classification. A crossbred ram and a halfbred ewe would give a crossbred. Mr Taylor said that if the evidenceon both sides were not deemed by the .Magistrate to be conclusive, he would a-k for an adjournment in order to muster the sheep if necessary to determine the- point,-; at issue. The Magistrate said that this might meet a difficulty. The term crossbred must be taken to be thai: used commonly amongst sheepowners. The evidence had satisfied him that "crossbred" was a distinct class of sheep, and so could not include "halfbred." He would grant an adjournment as suggested by Mr Taylor. On tho request of Mr Hamilton he adjourned the case sine die. to permit of lambing and shearing. NOTIFICATION TO ACCLIMATISATION SOCIETY. In the case of F. S. Steffan. of Kurow. charged with failing to notify the Waitaki Acclimatisation iSoeiety of his possession of a permit to kill deer, the Magistrate gave his reserved dec"2 sion that the regulations were ultra vires of the Act, and dismissed the information