THE AGE OF SHEEP.

Hokitika Guardian, 27 May 1924, Page 4

THE AGE OF SHEEP.

WHEN IS A FOUR-TOOTH NOT A FOUR-TOOTH P "WELLINGTON, ..May 21 A magisterial ruling on the vexed question of when a four-tooth sheep ceases to be a four-tootli was made by Mr T. U. Maunaell, S.M., in the course of his judgment in a civil caie in whicli (Houston and Fytie, auctioneers of Blenheim, sought to recover from Hugh Berryman, of Kohatu, Nelson, the sum of t'OS 17s, alleged to be a balance of the price of certain sheep purchased by defendant at plaintiff’s auction sale. The defendant counter claims for sum of £.'ll 13s for alleged breach of warrantly in respect of some of the sheep, and it is this counter claim which was the subject matter of controversy. His lVofship said he had decided that the case must be disposed of on a rpiestion of law, but as there were several impel-taut and difficult points in dispute he proposed to deal with the whole controversy so that a repetition of such protracted proceedings might be avoided. Continuing, the Magistrate said: “It is admitted that the ewes were sold as lbur-tooth Maiden ewes, and the question of fact for decision is when a four-tooth ewe becomes a sax-tooth ewe. Expert evtdeneo has been called by both sides and there is much conflict of testimony. 'I he evidence for the defendant is that a four-tooth ewe ceases to he a tour-tooth as soon as the fifth tooth or the tilth and sixth tooth appear through the gums. It is established that with regard to a number of the ewes their mouths were in this condition, while with others the tilth and sixth-teeth were partially developed. As regards live, at least, they had six fully developed teeth, and the seventh and eighth about to appear. I I'md upon the weight of evidence that the definition o! the defendant is incorrect. 'I he witnesses for plaintiff arc men ol very wide experience. It is true they disagree with each other to some extent lint they are unanimous in their ooinion that a ewe two years and a halt old is still a four-loot!) ewe although the tilth and sixth teeth have appeared. It is a matter of common knowledge that when sheep are sold liy ‘the tooth’ it is the age of the animal which is in contemplation. AI lout the time these sheep were sold (towards the end of February' the tilth and sixth teeth are liable to appear in a certain percentage ol toiir-tootbs, depending among other factors as to whether the ewe was an early or a late lamb. Accordingly even it they are not literally within tlie letter ol the description “■■oh ewe, arc within the soil it of the description. The preponderance cf opinion of the plain tiffs’ witnesses is that n lour-tooth ewe means a ewe between two and three years old. I am not prepared to adopt such a definition. W the dental condition of the sheep is to be disregarded then ho purchaser will b ; . enlirelv tit the mercy of the vendor’s honesty. The only safeguard lie can have against di,honesty is the gtiidaneo of the- animal’, dental condition. I have accoidiugly lo sol tie the mailer as follow,: A owe j s eorrecllv defined as a iVnir-tootli nihil the lil'th and sixth teeth reach mai iiritv. Between the time they roach maturil.t and the lime the ewes become three years old they cease to lie lour-tooth and should be described a.- rising six-tooth. That would put the buyer upon inquiiy into the date of birth of the sheep, and be would liargam with his eve's open. 1 poll this definition ii fellows that a. lew of the ewes were incorrcctlv dos-c-rib-d as four-tooths although not marly the number alleged by defendant ."

Ills Wur.-hip proceeded to deal at length with the somewhat- difficult *1 U'.-slmu ol law which arose in connertton with win-1 her the defendant's retue I, mis .e aiii .t i lie ailetio ieei - or the vclidol, I lie iud 'iiienl went hilly into I lie ant lie: iiies que-t,:! by coi-n-ei iii the course of argument. the Maci-ti-sle remarking, “The pointdee not ae-penr to have been ,-nn-id-eiv-l ; n New Zealand and ihiio is a dearth in authorities in England.’'

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