RESIDENT MAGISTRATE'S COURT.

Lyttelton Times, Volume XII, Issue 698, 16 July 1859, Page 5

RESIDENT MAGISTRATE'S COURT.

CHEISTCHTTECH. (Before John Hall, Esq., R. M.) Owen Fitzpatrick was fined 10s. for drunkenness. . . BREACH OF SHEEP OBDINANCE. P. B. Boulton v. Sir William Congreve, Baronet. This action,, which was adjourned on the 29fch ultimo, was resumed this day. Mr. Duncan appeared on behalf of the prosecution. Mr. Wyattfor the accused. Mr. J. D. Brittin, who had been summoned to give evidence in this case, deposed as follows:— I know the sheep referred to in the information; on 20th of June last they were under the charge, control, and management of accused. I cannot tell in whose pay the shepherd who had charge of the sheep was on that day. I engaged this shepherd, whose name is Edward Edwards, on or about the Bth of June last, on Sir William Congreve's behatt, to continue on the run occupied by accused, though I had no authority to do so; I merely acted as a friend to Sir William Congreve when I did so. The agreement now produced bears my signature. •■■„ (An agreement was here produced to the effect that Mr. Brittin agreed to purchase, and Sir W. Congreve to sell the run and one thousand sheep for a certain pecuniary consideration.) When this agreement is fulßlled, I consider it will be a sale and purchase. I had certainly not taken possession of the run and sheep under this agreement on or before the 20th of June last. By Mr. Duncan. The run and sheep are still the property of the accused, and I consider they will be so until the license is transferred to me, arid the sheep counted out. Before and- after the date oi the agreement which has been produced, it was verbally agreement between accused and myself" that he should dip the sheep; he has had them dipped since the 17th of June.

By Mr. Wyatt. The verbal agreement was that accused was to find the material, arid I was to dip the sheep. He provided sulphur, tobacco, and soda for the dipping. I cannot say whether Tasked accused to assist me in dipping; I believe I said he had better see the sheep dipped; I was short of hands at the time, because two men engaged by accused for the dipping had left a day or two before. He had engaged the men two or three months ago. •.■■■■ By the Court. The substance of the verbal agreement made since the 17th June would not invalidate the written agreement; which. I consider still in force.

Mr. Wyatt addressed tlie Court for the defence, submitting that, under the agreement produced, a bon&fide sale and purchase had taken place, and that his client was entirely divested of! all ownership whatsoever, and that Mr. Biittin was the real owner, and, as such, the person'who had the control and management of the sheep,,which formed the subject of the charge. -.■■->'-'';;■••

'■Mr. Duncan replied on behalf of the prosecutor. The Court considered that accused had failed to disprove the primtH facie evidence that proved him to be equal owner of the sheep which were infected' and as such he was amenable to the law. Convicted and fined £100, and costs, 2s.