5

H.—32

the sheep were free from disease, and was informed by him that such certificate was not required!. The sheep were accordingly sent by train to Foxton, and were there detained by order of the*; Inspector for that district on the grounds that I had neglected to give him seven days' notice of my* intention to remove sheep from one district to another as provided by "The Sheep Act, 1878'/' section 41. The boundaries of the Sheep Districts of Wanganui and Eangitikei were proclaimed in-, the Neiu Zealand Gazette of the 7th February, 1884, and that I had no knowledge of such Proclamation, or any means of hearing the same. That previous to such Proclamation in the Gazette the Wanganui Sheep District included both Patea and Foxton, and that consequently but for such Proclamation of the 7th February no notice would have been required. That immediately after the detention of the sheep as above mentioned, I telegraphed to the Inspector at Patea, advising him of the fact, and I received from him in reply a telegram, of which the following is a copy : " Patea, 22nd February, 1884. Arthur Drake, Foxton. Have wired Simpson sheep are clean. Did not understand you were going past Wanganui by rail.—Alex. Muneo, Sheep Inspector." That I also sent a letter to the Sheep Inspector at Patea, of which the following is a copy : " Mr. A. Munro, Otaki. Dear Sir, —You will perceive by this letter and the wire I sent you from Foxton that I have got into sad trouble with the Sheep Inspector for this district through not complying with section 41 of the Sheep Act. I remember well asking you for a certificate, and you saying that I did not require one ; the conversation took place at the ram and ewe fair on the 19th instant, two days before I left; and the sheep referred to were, as you know, in the yards at the sale—viz., five rams im one pen and seven ewes in another ; and I certainly remember when pointing them out to you saying,, that I should be starting to Otaki with them either the next day or the one following, and I had better have a certificate for them, not knowing at the time there would be any other trouble in store for me. I feel sure it must have been an oversight on your part not to have given me proper instructions and a clean certificate. I have had to provide pad clocking for them in Foxton for about a fortnight, and to dip them twice before they come on, besides paying a man to attend to and water them every day ; this will be quite enough expense, without the hundred pounds. I do not know yet when the case will come off, but I think you will have to come down to help me through.—Yours faithfully, A. Deake." That I received in reply from the said Sheep Inspector at Patea, a telegram,, of which the following is a copy : " Ist March, 1884. Arthur Drake, Otaki. Letter received. Have wired Inspector, was oversight, new districts.—Alex. Muneo, Patea." That I was on the sth instant summoned before Mr. Ward, Eesident Magistrate at Foxton, to answer to the charge of having neglected to give to the Inspector the necessary notice provided by the Act, and that the said Eesident Magistrate then and there inflicted a penalty of £100. That between the dates of the said Proclamation in the Gazette of the 7th February and the date of my sending the sheep— viz., the 21st February, was a period of only fourteen days, and that I received no notice, or had any means of hearing of such Proclamation, and that to the best of my belief no notice thereof was. given in any of the local papers. After consideration of the above facts, I would respectfully request that the above penalty, or such part thereof as you should upon inquiry deem fair and reasonable, be remitted. I have, &c, The Hon. the Colonial Secretary, Wellington. Aethue Deake.

Eepeeeed to Mr. Ward, E.M., for any remarks he may have to make on the case.—G. S. Coopee. Ist April, 1884.

Mr. Cooper. 4th April, 1884. Me. Deake was charged before me at Foxton on the sth March with having introduced by land the sheep he mentions, from an infected into a clean district without having given to the Inspector of the district into which such sheep were to be introduced seven days' previous notice of his intention so to introduce them. Mr. Drake pleaded guilty to the charge, but said he committed the offence unwittingly. It did not occur to him that it was necessary to give this notice or that the Wanganui and Eangitikei had been declared separate districts. He understood they were still, subdivisions of the Wellington District. Looking at the Neiv Zealand Gazette I saw that the District of Wanganui and Eangitikei were published as separate districts on the 7th February, and that the Eangitikei was declared a clean and the Wanganui an infected district by notification dated the 19th February, and were published on the 21st of that month. Therefore these sheep were introduced into the clean from an infected district on the very day of publishing the Proclamation determining the.character of these districts. Although I was perfectly satisfied the defendant did not intend to infringe the requirements of law, yet as the offence had been committed I had no option but to inflict the penalty of £100. Under the peculiar circumstances of this case I venture respectfully to say that I shall be glad if the Government can see its way to remit or considerably lessen the fine I was compelled to inflict. Eobeet Waed, E.M.

Sie,— Colonial Secretary's Office, Wellington, 30th May, 1884. I have the honour to inform you that, under the circumstances set forth in your letter of the 10th March, his Excellency the Governor has been pleased to'remit the fine of £100 inflicted upon you for a breach of the Sheep Act. I have, &c, Arthur Drake, Esq., Otaki. G. S. Coopee.