H.—32.

the said section 49 is by the interpretation clause of the said Act defined to be a written notice, and, with reference to driving the said sheep through the Clarence Bun, that the boundary-fence was so erected that, in common with others of the public, your petitioner could not have been aware that he was crossing the said Clarence Bun. That under the circumstances before set out your petitioner would respectfully solicit that the fines imposed upon him as aforesaid be remitted and your petitioner would respectfully beg to point out:— As regards the information under section 46 of the said Act for driving the said sheep without the permission of the Inspector : (1.) That it was always represented to your petitioner that he should be allowed to remove the said sheep when he obtained a clean certificate for his run at Stanley Vale. [See letters of Blundell and Knyvett, set out in pages 1 and 2.] (2.) That Inspector Knyvett led your petitioner to believe that, having obtained a clean certificate, there was then no objection to your petitioner removing the said sheep; and, further, that he himself pointed out to .your petitioner that, by section 40 of the Act, notice should be given to Inspector Blundell that your petitioner was going to bring sheep into the district inspected by said Inspector Blundell, and advised your petitioner to telegraph to Inspector Blundell that the sheep were coming, and also read and approved the telegram before it was transmitted by your petitioner. [See evidence of Knyvett, page 2; W. L. Fowler, page 7 ; and F. Green, page 9.] (3.) That Inspector Knyvett himself contemplated that the sheep would be removed by your petitioner. [See evidence of Thomas Fowler, page 8; and John McArthur, page 9.] As to crossing Tarndale without notice: That, although your petitioner did not give to Mr. Sim, the manager of the said run, the strict legal notice required by the Act, your petitioner gave him such a notice as satisfied him, and therefore put him in the same position as he would have been had your petitioner given him a strict legal notice. [See Mr. Sims's evidence, page 5.] As to crossing the Clarence Bun without notice : That your petitioner was not aware he was crossing this run, as the boundary fence between it and the Tarndale Bun was so erected as to mislead the public. Your petitioner therefore prays that the penalties before mentioned may be remitted to him, and you petitioner will ever pray. W. L. Fowler.

Copy of Evidence. William H. Knyvett: lam Inspector of Sheep for the Amuri Subdivision of the Marlborough Sheep District, and I have been so for the past twelve months; I know defendant, Fowler. I know his run and flock. His sheep have been infected. The run of defendant is known as Stanley Vale, and is in the Amuri Subdivision of Marlborough District. The defendant's sheep were infected up to the 28th June last. I gave defendant a clean certificate on the 28th June, 1882. I believe defendant removed some sheep about the 3rd July, and that the sheep left the homestead on the 2nd July. The defendant took the sheep to the Tophouse, which is not in the Stanley Vale Eun. I gave the defendant no written permission to remove these sheep. The sheep, before removal, were not dipped to my satisfaction or approval. In driving from Stanley Vale to Tophouse it is necessary to cross Tarndale Eun. [Admitted sheep crossed Tarndale Eun.] Tarndale is an infected run, and was on the 2nd July. I gave defendant no permission to drive any sheep across Tarndale Eun. Tarndale is in the Amuri Subdivision of the Marlborough District. The sheep Mr. Fowler drove were part of the flock that had been infected up to the 28th June, and for which I gave Fowler (defendant) a certificate on that date. Examined by Mr. Stringer : I only fix the date on which Fowler started from the date sheep arrived at Tophouse. Tophouse is not in any subdistrict. Fowler applied for some time for a clean certificate and for permission to remove these sheep. I wrote letters [put in] 4th February and May. I saw McArthur's sheep, and gave clean certificate to them 28th June, 1882, same day Fowler got his. 12th June [letter read], 27th June [letter read]. [Clean certificate put in by defendant.] I gave no permission to cross Tarndale to go from defendant's to Tophouse, at Jollie's Pass. I gave defendant no permission of any kind to remove sheep. I tried to persuade the defendant not to remove the sheep on account of the weather and the risk to the neighbours in case sheep had to be abandoned on account of bad weather. I said afterwards if I was satisfied with the weather I would allow the sheep to go. I was not satisfied with the weather, which looked like snow. I said I would go to Fowler's next day. I did not go, and sent word to Fowler. lam not sure it was next day. I spoke to Fowler about sending a telegram to Inspector of Tophouse District. I said it would be necessary to telegraph to Inspector Blundell. The telegram was read to me. I may have suggested he ought to state in telegram the number of sheep. I also advised to send telegrams to his son, and how to send them. I knew purport of telegram to Stanley Fowler. I went towards St. James's next day with defendant. I was going there, and from thence to Stanley Vale. I overtook McArthur. I told McArthur. I did not say to him I was going to see Fowler's sheep start. [See McArthur's evidence, page 10.] I said I would let the sheep go if I was satisfied with the weather. At Jollie's Pass I spoke to Thomas Fowler, and said it was unwise to remove the sheep. I asked Thomas Fowler what Inspector Cook required about the removal of sheep, and then said I would let his father's sheep go if I was satisfied with the weather. I might have said I had a good mind to enclose a written permit for the removal of Fowler's sheep to Duncan McGillvray, who would have to see that no weak sheep went. Duncan McGillvray is in the employment of McArthur Brothers. I was at Stanley Vale some three or four weeks before the 28th June. I said if I was satisfied with the weather I would give permission to take sheep to Tophouse. Every Inspector has a broad-arrow brand, to be used on removal from infected district to clean district. It is used when sheep are removed. I use the brand according to my judgment. The joint muster was to my satisfaction. I gave the Government brand to Mr. Fowler. I told him to brand the sheep with it that he was going to remove. I was going to Christchurch, 2—H. 32.

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