RESIDENT MAGISTRATE'S COURT.

Nelson Evening Mail, Volume IX, Issue 301, 5 September 1874, Page 2

RESIDENT MAGISTRATE'S COURT.

This Day. [Before Lowthbb Bboad, Esq., B.M] West v. Underwood.

• His Worship gave judgment in this case this morning as follows j— l bave come io the conclusion that I cannot admit the memorandum or certificate which purports to be issued under the authority of tbe Customs in Melbourne as proof of the weight of the box ft of cigars when shipped on board*- the Albion. I think we have very strong evidence that it is not the custom to re-weigh cases of cigars . when tbey leave the bond, and tbat the document is io effect nothing more than a memorandum of the weight when tbe box was received into, the bond. The testimony of the ships' officers as to the impossibility of the case having been opened on board is very conclusive, and there is the additional fact as testified by the wharfinger (hat it was landed here apparently in good order and condition. Mr Pasley and Mr Levien were present when tbe box was opened, the former noticed nothing remarkable about it, nor wbb bis attention directed to any peculiar circumstances. . Mr Levien says, however, that . be did observe indications of tbe case having been previously opened. This being so I think he should have given the agent of the ship notice before opening the case, but he appears to bave kept bis impressions entirely to himself, and not even to bave made any remark to Mr Pasley. I cannot help thinking it is more in accordance with mercantile usage to give the agent notice, whenever there is such a conspicuous appearance about a package as to suggest the possibility of a claim for losses or damage against tbe ship. On the whole I do not think there is sufficient evidence to fix the defendant witb liability in this . case. My own opinion on tbe facts as given, ip evidence is tbat tbe case was plundered before it came into the defendant's custody.

Plaintiff nonßuited with £1 lis costs.