The Nelson Evening Mail. THURSDAY, AUGUST 12, 1869. RESIDENT MAGISTRATE'S COURT.

Nelson Evening Mail, Volume IV, Issue 188, 12 August 1869, Page 2

The Nelson Evening Mail. THURSDAY, AUGUST 12, 1869. RESIDENT MAGISTRATE'S COURT.

Wednesday, August 11. [Before J. Shakp, Esq., R.M., ami C. Huntee Bkown, Esq., J.P.] Kerr v. Pike. This was on actiou to recovei 1 £57, for damages sustained and expenses incurred by plaintiff, in consequence of a breach of agreemeut" for the sale and delivery of sheep. Mr Kingdon appeared for the 'plaintiff, and ]Vr Pitt for the defeudanfc, John Kerr, sworn: In accordance with the agreement produced, I went to Tarndale in September last to get 1000 sheep, which I was to pick out of 5000. -I found -only 2500 mustered, out of which I drafted 877. The weather being bad, the muster could not be. proceeded with, and defendant said if I would go upagaiu when • the weather got better, .he would muster again, and would nllow me 20 sheep of the same sort aa those I had agreed to purchase, for my trouble. In consequence of a note received from him some few weeks afterwards, I went to the run again. When I got there I found the sheep mustered and a lot drafted. I thanked him for drafting them, when he said, " Oh, those are not for you, but for the butchers in Nelson." I objected to this, and he then offered me the pick of a small lot, , from which none had been drafted. ; This I refused, and left the place. Ultimately I got 73 run out from the lot drafted for the butcher. I went to Tarndale again in November, by appointment with defendant, but could not get the sheep then. In January I went to the woolshed and got the balance. I claim £12 for, my journey in November, and £10. for my trip to the woolsbed in January. I paid a. man £7 for driving the first lot. I also charge £28 for loss sustained on the last 70 sheep. Had I got them when I received the 73 I could have sold them for 15s or 16s^ as : it waSj they were not worth more than 7s. Cross-examined: The journey for which I charge £12 occupied ten days or a fortnight. I consider it an undercharge. I branded some, sheep for Mr Edwards at ■; that time, for which I received £8. I did not go up the second time to make a deal about some lambs. I did not at the last visit make any clairn upon defendaufc. I understood the 20 sheep were given me on ac- ■ count of being obliged to go a second time. . I said I would be satisfied, with . a small allowance sooner than come to Court. I never offered to take £5, . Thomas Kerr, sworn: I went to Tarndale in September, to take delivery of some sheep for plaintiff; we got 877. It was agreed that plaintiff should have his balance at first muster after. Defendant agreed to let plaintiff have 20 additional sheep for the second journey. George Gilletj sworn: In September last I was manager at defendant' a, run. After Kerr had drafted 877, defendant told me that plaintiff was^to have his balance and 20 extra, which I understood was on/ account of defendant not delivering the.,: full complement then. .About a! month; after, plaintiff came to the run; defendant was there, and refused to let plaintiff have his balance out of . the sheep already drafted.- 4He goffered ja draft from some in • a paddock, which : plaintiff refused., I; brought the sheep drafted tp^; Nelson, i and in accordance with instructions . received, delivered 73 to plaintiff. . -De-' ;fendant ? sßheep :^ere ;. ;|ea&e^hJ3:'s_e^^ Ifl^^^.cl^^th^ale ; .f o|^the^ptainti&^;i| |

George Gibbons, John l^adsworth, and : Joseph Wadswortrh Were charged with killing six pigs, the property:of Mr Sellon7 of Wakefield, ou the- 19th April last. Prisoners admitted the offence. George Gibbons was sentenced -to three months, and the other two to two months' imprisonment, with hard labor.