RESIDENT MAGISTRATE'S COURT.

Southland Times, Issue 576, 10 October 1866, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before H. M'Culloch, Esq., R.M.) MONDAY, Bth OCTOBEE. Two inebriates were fined 103, or 2__ hours' imprisonment. Another offender, having spent Sunday in the lock-up, was considered sufficiently punished, and discharged with a caution. Civil Cases, grieve y. low akd m. e qb,tsgor. An action for recovery of £93, for the wrongful detention of 84 lambs, the property of the plaintiff. Mr Macdonald, for plaintiff. Mr Harvey, for defendant. The plaintiff was a shepherd in the employment of Morison, Law and Squires, on the Mavora run, and in April last had about 200 sheep on the run. It had been agreed that plaintiff was to receive 43tt per cent as his share of the lambing of the flack. The station was transferred to the defendants in the month of April, but plaintiff had been unable to obtain his share of lambs either from his employers or the defendants. An action was brought by him against Morison, Law and Squires, for the recovery of the amount now sued for, in which a verdict was given for the defendants, evidence having been adduced to show that plaintiff had acquiesced in an arrangement that the defendants in the present action were to allow him the per-centage for the lambs. From the evidence produced in the present case, it appeared that in the negotiation for the transfer of the station to the defendants the plaintiff's sheep were not mentioned, and it was after the purchase had been completed, and before delivery, that the number of his sheep was fixed at 219, and defendants agreed to deliver that number to plaintiff, and a per-centage for his lambs. This was denied by the defendant, who alleged that he only agreed to deliver 219 sheep,* which number included all lambs, ewes, and wethers, belonging to plaintiff. Several witnesses were examined in support of plaintiff's ease, and the defendant (Low) having given evidence, in which he positively asserted that he purchased all the sheep on the station, and nothing was mentioned about plaintiff's sheep, until . afterwards, when he agreed to deliver 219. Counsel on both sides addressed the Court, and judgment was given for plaintiff, for £43 18s, with costs £19 16s.