A Stiff Fine.

Wairarapa Standard, Volume XIX, Issue 1887, 22 September 1886, Page 2

A Stiff Fine.

Mr Sullen, at Kaikonra, was lately fined £425 for having scab amobgst bis sheep. The evidence against him was tbat of a Scab Inspector, " who thought he had found the insect, but found it without legs.” Ulti» mutely the Magistrate reconsidered his decision and reduced the penalty to £6O. On this case the Canterbury Times remarks The Magistrate was pleased to reduce the amount to cover the particular flock in which this legless microscopic insect was found. But even then tbe penalty stands at nearly £6O. It is true that in cases of conflict of evidence tbe law says that the evidence of the Inspector must be final. But tbe law does not prevent the Magistrate from telling tbe Inspector that his evidence is insufficient. No Magistrate, unless he has a leaning toward idiocy, is bound to accept as conclusive, evidence which ia op the face of it insufficient. In cases of this kind two courses are open—either to dismiss the case, or to adjourn for further evidence. But to fine right off in the minimum penalty, as was done ia Mr Bulleu’s case at Eaikoura, is an indiscreet exercise of Magisterial discretion