Page image

H.—32

4

Sie, — Eesident Magistrate's Office, Gisborne, 17th August, 1882. In reply to your letter (C.S. 82/3635, No. 1135), I have the honour to state that I desire to throw no objections in the way of a remission of portion of the fine in the case of Seymour for a breach of the Sheep Act. But, as I considered at the time, and do so still, that the penalty inflicted was not too severe, bearing in mind the then scabby condition of the sheep throughout the district, I must leave it to the Government to determine to what extent the fine shall be reduced, who before doing sp will, I have no doubt, consider the question whether in cases of this kind it is advisable to make any remission. I have, &c, The Under-Secretary, Department of Justice, Wellington. W. Eeice, E.M.

Memoeandum from Edwaed Oebell, Inspector of Sheep, Gisborne. The Under-Secretary, Stock Branch, Wellington. 15th August, 1882. Me. Loisel has requested me to forward you the enclosed application for the remission of his fine of £43 for a breach of the Sheep Act, under the 23rd section, which he had to pay on the Ist October, 1880. Of course it is not my place to say anything in the matter when it is the intention of the Government to remit the fines for breaches of the Sheep Act committed in this subdivision. These cases were heard before Mr. Price, Eesident Magistrate, and his decision and judgment were just; and my duties pertaining to my office were also faithfully discharged. I only say, be just to all, and hope the precedent now about to be made will not in the future lead to any confusion in carrying out impartially the provisions of " The Sheep Act, 1878." Edwaed Oebell.

Sie,— Puatae, 16th August, 1882. Having been informed that it is the intention of the Government to remit the fines for breaches of the Sheep Act, I therefore beg to make an application for £43 which I had to pay on the Ist October, 1880, for not having my sheep clean. I have, &c, E. Orbell, Esq. H. Loisel.

Be Campbell, Captain of s.s. "Oreti," Auckland. Memoeandum from E. C. Pasley, Chief Inspector of Sheep, Napier. Chief Inspector of Sheep v. Alexander Campbell, Master of s.s. " Oreti." Breach of the 37th Section, " Sheep Act, 1878." The Hon. the Colonial Secretary, Wellington. 26th January, 1881. The above case came on for hearing this morning. The defendant admitted the offence, and was fined £100 and costs under section 37. No discretion as to the amount of the penalty is given to the Magistrate. The defendant stated that he did not know the ram was on board until he got out of Auckland Harbour, the mate having received the ram. I understand that the master of s.s. " Oreti " intends to apply to the Government for a mitigation of the penalty. In the event of his doing so, I would strongly recommend that his application be granted. E. C. Pasley, Chief Inspector of Sheep.

Sie,— Napier, 14th March, 1882. We have the honour, on behalf of our client Mr. Alexander Campbell, captain of the s.s. " Oreti," to apply for a remission of the penalty of £100 inflicted upon him at the Police Court at Napier, on the 26th of January last, for a breach of section 35 of "The Sheep Act, 1878." The grounds upon which the application is made are —(1) That the act for which the defendant was fined was really the act of the mate, and the defendant was ignorant that a breach of the law had been committed until after he left the Port of Auckland, where the ram was shipped; (2) that in doing, as he believed, his duty at Napier—by sending information to the Sheep Inspector and landing the sheep for his inspection—he unwittingly placed himself within the reach of the law ; (3) that every precaution was used by the defendant to prevent the dissemination of scab by keeping the sheep in close custody until the arrival of the Inspector. Our statement of the facts of the case will, we are sure, be borne out by the Chief Inspector here and the Justices who heard the case, and under these circumstances we have the honour to request that the penalty imposed be remitted. We have, &c, The Hon. the Colonial Secretary, Wellington. Coenfoed and Dewes.

Gentlemen, — Colonial Secretary's Office, Wellington, 30th March, 1882. In reply to your letter of the 14th instant, applying on the part of Captain Campbell, of s.s. " Oreti," for remission of the penalty of £100 inflicted on him for a breach of section 35 of " The Sheep Act, 1878," I am directed to inform you that His Excellency the Governor has been pleased to reduce the penalty to £10. I have, &c, Messrs. Cornford and Dewes, Napier. G. S. Coopee.

Be Deake, Farmer, near Foxton. Sie,— Otaki, 10th March, 1884. I have the honour to bring before your notice the following circumstances, and to request your favourable consideration of the same. On the 21st February, this year, I left my run in Patea with twelve sheep for the purpose of removing them to a run occupied by me at Waikawa, near Otaki, and, previous to starting, I applied to the Inspector of the Patea District for a certificate that