SUPREME COURT.—SITTING AT NISI PRIUS.

Lyttelton Times, Volume XXI, Issue 1251, 18 June 1864, Page 3

SUPREME COURT.—SITTING AT NISI PRIUS.

June 17, 1864. His Honor Mr. Justice Gresson took his seat in Court at 11 a.ra. this morning, when the ewe of Whincop v. Davis was called on for hearing. Rpfnrp a iurv was sworn. Mr Travera, plaintiff's counsel, applied for leave to alter the issues, but defendant's counsel (Messrs. Garrick and Cowlishaw) having raised an objection to such a proceeding, the application j. MHassan T W. Maude, H. P. M. Aynsley, A. "nS™/- »oti» covering the sum of £16' , goods shipped and consigned £ SwpS&J ™aiS' the goods, in the>W of KS SifS M blUrf Mm. mentioned ' 3. Wm the defendant always ready and Sna to deliver the said goods and was he pre- ' f +Vnm delivering the same by reason of the »»J H Si°eS P r"5S tn rf>rover any and what sum in respect of S'S« ofV" ta «•» d 5SnK£ £SLrWkt Cl de£ Sfjood. mentioned in ?s§?ss!eas* ftaviltoK »

Christchurch, and for that purpose the goods were transferred from the Tiptree to the steamer Augusta. Before, however, the steamer left the ship's side, the mate discovered that no entries had been passed for the goods at the Custom House, and gave instructions to the agent of the vessel, Mr. Louisson, to clear and land them on Lyttelton wharf. As great inconvenience would have arisen if these instructions had been put into execution, from the fact that the goods were at the bottom of the hold of the Augusta, it was agreed that they should go round to Heathcote in the lighter, and be conveyed back to Lyttelton on her return trip. The Augusta proceeded to Heathcote accordingly, discharged that portion of her cargo which lay upon the top of plaintiff's goods, and was returning to Lyttelton when she was wrecked a little distance from Sumner, on the Heathcole side, and her cargo injured. On examination, the plaintiff deposed to the value of the goods con•igned tohim, and stated, also. that with the exception of a cask of putty, none of the goods had been delivered to him. Several witnesses were examined in corroboration of the above facts, and the hearing of the case had not concluded at the rising of the Court. ■ ■

We learn from our Dunstan correspondent that the streams in that district were becoming much less in violence in consequence of the frost and snow on the ranges ; as a result the Molyneux keeps gradually falling, and is expected shortly to reach the low level of a few weeks ago. The scarcity of fuel at the Dunstan is likely to be less felt this winter than formerly, Mr. Holt, the new lessee of the lignite pit, having taken measures for securing a constant supply. We learn also from our correspondent that another valuable seam has been discovered of excellent quality and easily workable.—Otago D. Times, June 11.