A MAGISTERIAL DECISION.

West Coast Times, Issue 79, 5 December 1865, Page 2

A MAGISTERIAL DECISION.

TO TIIB EDITOR OF THE •' WEST OOABT TIMES." Sir,— l wish to draw your attention to a decision in tho Resident Magistrate's Court hore on Tuesday last, 27th inst. The amount at stake' is trifling, but the principle is of some little importance I bought from Messrs Morison, Law, and Co., at auction, on the 16th inst., a small store. On the 18th, I sent ft man to their offices to enquire whether they would allow it to remain until Monday, the 20th instant, as the weather and roads were bo bad that I did not wish to remove it thon. He was told by thoir clerk that I could take it away on Monday, and that they would allo>v it to remain in their store until then, On the Monday I thereforo sent a cheque for the amount and a .dray to take delivery. The oheque was token by the clerk who had agreed to this, and tho account was accepted by him. Another gontleman in the employment of the auctioneers afterwards refused to deliver, and tendered back the cheque, whioh was deolined. I thon issued a summons against them, and proved in Court what.l have stated above. The defendants put in as ploas— That delivery according to conditions 6f sale, Bhould havo been taken within 21 hdura ; and that the olork, who was in such a responsible position that he could receive money for tho Him and sign a receipt, had nob authority to allow goods to remain after 24 hours. , , Mr FitzGorald, duv worthy Resident Magis- 4 tiate, dismi&od tho case, instructing the auotioneorß to return tho monoy. Fuithor comment I deem unnecessary j and apologising for the space I havo taken up, "I am| Sir, &c, Edward Rebvb4i Hokitika. 28th Not. 1865j m