RESIDENT MAGISTRATE'S COURT.

Lyttelton Times, Volume VIII, Issue 501, 22 August 1857, Page 5

RESIDENT MAGISTRATE'S COURT.

The.third Session of this Court was held on Tuesday the 18th inst. under the. Extension of Jurisdiction Act. There were only two cases on the list for that day, which were adjourned till the next. day. . . Wednesday, Aug. 16. • The Court sat at eleven o'clock p.m. GEE V. SCOTT. This was a debt case... Defendant not appearing, the debt was proved, and-judgment given for the full amount,, with costs., ... MILLTON ». SCOTT. . • This was.also, a debt ca?e... The action was brought on a bill of exchange. In the absence of defendant, judgment was given for the full amount, with costs. ' ... WAITT AND CO. V. SCOTT. This was also a . debt case. Part of the amount claimed had. been admitted by the defendant to be due from the 20fch February last. Judgment was given for the whole amount, with, interest on the admitted debt, and costs. LATTER V. ELLICE. Another debt case. Judgment, by consent, ior the whole amount, with interest, and costs. WATSON V. CABEW. This was a case of much interest to sheep

fanners, as involving the liability of a person taking sheep on terms to render full and accurate accounts to the owner.

Mr. Gresson appeared for the plaintiff; and Mr. Moorhouse for the defendant.

The action was brought to recover, the value of a certain amount of wool supposed by the plaintiff to belong to him, over and above the portion accounted for by the defendant. It appeared that Mr. Carew had received sheep to hold on thirds from Mr. Watson j that a division was made of the increase according to the agreement, in 1856; the arrangement to hold . Mr. Watson's own. flock on thirds continuing as before. At the next clip, all the wool produced on the station was forwarded to Lyttelton by the defendant, there weighed, divided into tbe two^shares, and sold, each portion separately. Mr. Watson was dissatisfied with the amount of wool -placed to his share, and brought the action for the difference between that amount and an amount estimated from tbe total clip of the whole flock, which, it will be seen, consisted of a portion belonging to Mr. Carew himself, and of another portion belonging to Mr. Watson,-in the wool of which Mr. Carew had an interest to the extent of one-third; the latter flock being in number, according to the division of last year, about three times the latter.

The evidence for the plaintiff went to prove that the flock before shearing consisted of at least 1200 sheep belonging to Mr. Watson, and of 459 belonging to Mr. Carew, and that the amount of wool placed after shearing to Mr. Watson's share, amounted to 1698 lbs., and that to Mr. . Carew's, share, 1402 lbs.; that no detailed account had been given to Mr. Watson by Mr. Carew of the produce of the flock; and evidence was brought to prove that it was the custom for a person holding sheep on terms to keep accurate books for the inspection of the owner of the sheep and to furnish accounts if called upon. On the other side, evidence was brought that the fleeces from each flocks as the shearing went on were carefully stowed and packed separately and distinctly branded; that the wool was forwarded to Lyttelton and there weighed on board the Oliver Lang, where the wool of Mr. Watson's flock was divided into the shares to be claimed by each',the respective amounts appearing on the merchants' accounts.

Further than this we are unable to give any !)articulars of the case, which was of extreme ength, lasting from Wednesday morning till late yesterday, and even then the dependent's case was not closed.