RESIDENT MAGISTRATE’S COURT.

Temuka Leader, Issue 1472, 25 February 1886, Page 2

RESIDENT MAGISTRATE’S COURT.

Temuka—Wednesday, Feb. 24, 188*5. [Before J. Beswick, Esq., R.M.] STRAY CATTLE. With regard to the Police v, Twomey case, Ilia Worship said he had not had time to look up the case yet, and consequently could not give his decision. He would give his decision next Court day, CIVIL OASES. 0. Story v. 0. Matthews—Claim £2 14s, Mr Tosswill appeared for the plaintiff, and Mr Aspinall for defendant. Mr Aspinall applied for an adjournment on the ground that defendant had to go to Dunedin. Mr Tosswill opposed the adjournment, but ultimately it was granted on payment of costs, J. Bori v. J, Moynihan—Claim £4 13s 6d. Judgment summons. The plaintiff said defendant paid a part of the account, and asked the case to be adjourned for three weeks l The adjournment was granted. W. Hooper v. J. Fergussoa—Claim Bs. —Judgment by defau't for amount claimed and costs. John Scannell v. B. Lee—Claim £33 ss. Mr Lynch appeared for plaintiff, and Mr Aspinall for defendant. Mr Lynch explained that on the 19th of November last the defendant went to the farm of the plaintiff and agreed to buy all his lambs. The defendant said all tho lambs were not ready (hen, but he would put them in a paddock of his own. Subsequently the defendant took away some of the lambs, but lambs fell in price, and he refused to take delivery of any more. He called tho following evidence : John Scannell; I am a farmer residing at Kerrytown. On the 19th of Nov. Mr Lee came to my house. Ho saw the sheep and lambs about which I had spoken to him. In reply to his questions I said I would not sell him the best, but would s>‘ll him all of them. He asked mo the price, and I told him 7s 6d all round. He offered me 7«, and he would take them as he wanted them, and clear them all off in January. His butcher came on tho same day and took seven lambs, and in a month from that date he took seven more. His butcher told me if I did not get more feed for the sheep and lambs Mr Lee would “kick” out of his bargain. 1 told him 1 would got feed if I could. Chute was in the yard when Lee rode in, I did not agree to provide grass for these sheep. Grass was not mentioned till a month aftewards. He told me some of them were not fit for killing, but he would take delivery of all in January and put them on his own farm. On the Ist Feb. I was ready to give delivery of 95 lambs. There were 98 there, but 1 was to keep three of them for myself. He agreed to my keeping the three lambs pointed out. To Mr Aspinall; Chute was in the yard when the bargain was struck. The bargain was made in the paddock. Loe said he would take delivery of them as he wanted them. The lambs are sucking still. There are 120 acres in my farm and 20 acres in crop. There were 140 sheep, 109 lambs, 2 horses, and 2 cows running in the paddocks on the day Mr Lee bought the lambs, and no more stock was placed there afterwards. When the bargain was made Mr Lee said nothing about dividing the sheep. Nothing was said for a month after about procuring other feed. Mr Lee pointed out that the paddock was very bare. He did not say that 1 would have to provide better feed. After the second lot of lambs had been taken, I saw Mr Lee’s butcher, and he said I would have to provide better feed. I got bettor feed as soon as I could. The sheep were moved from the paddock

about a fortnight before Mr Lee’s time was up. I got the notice from Mr Lee’s butcher about the 18th or 19th February, I could not move them boforel did. There is plenty of feed in my paddocks now, 1 did try to get feed from Mr Oldfield and from Mr Powell. I did not try anywhere else because I saw no feed. I have sold lambs before. It is not customary for the seller to find feed for lambs, and keep them in good condition, if there is no agreement to that effect. I did not know what Mr Lee wanted them for. Mr Lee said that some of them were fat, and that he would take some away to his farm. Mr Lee made no mention of how many were to be taken per week.

To Mr Lynch : I tried two men, Powell and Oldfield, to get paddocks for feed for the sheep. I got no written notice from Mr Lee. Yallender told me that if I did not find feed for the sheep Mr Lee would “ kick ” out of the bargain; I told him I was nut bound to find feed for the lambs, but for a quiet life I would try, as I had never been in a Court before, and did not want to go there.

John Fitzgerald ; 1 reside near Temuka, I know plaintiff and defendant. I have so'd some lambs during the season to Mr Lee— since the 19th November. I had a conversation with Mr Lee in reference to Scannell’s lambs at the time he bought mine. He told me he had bought Scannell’s lambs, He said they were not quite fit to go on with, and asked if I knew of any lambs, about 50, which would keep him going meanwhile, --or something to that effect, i said I did not know of any. I had half-a-dozen lambs, which I sold to him, and he came and took them about a week afterwards. Mr Lee told me that Scannell’s lambs were of very good quality, or breed, and he did not mind whether he killed them all or not, or carried them on as stores. I did not see the lambs. I saw Mr Lee at the Washdyke sale on the 19th. Fat lambs were selling there for Cs fid. Mr Lee remarked to me that the iambs he bought were very good ones. I charged him 6s fid for mine. Delivery was to be taken in a few days. At the Washdyke delivery had to be taken at the pens. lam not aware that the price of Scannell’s lambs was mentioned by Mr Lee. The lambs running with the sheep till this time would affect the value of the sheep. To Mr Aspinall: He thought he saw Mr Lee on the 20th November, the day after the Washdyke sale. He could not say whether 7s was a very good price for Scannell’s lambs, as he never saw them, G. H. Wildie; I am an auctioneer, and for a long time have been engaged in selling sheep and cuttle. I conducted a sale on the Ist February at the Point, when lambs were sold for Mr Eoare at 4s fid. They were crossbred lambs. Some of them were fit for killing and some were not. Ido not know what was the value of lambs on the Ist December, Some of the lambs 1 sold on Ist February wore, I think, 6 months old. To Mr Aspinall: I was not in the colony on the Ist December. The lambs sold at the Point on the Ist February were store lambs, and I doubt whether they would have fetched higher prices it they had been butchers’ lambs. Some of those sold were fit for the butcher. Richard Chute; I know the plaintiff and defendant, and know the sheep. I saw Mr Scannell and Mr Lee together on the 19th November. Mr Lee and Mr Scannell went up the paddock. I was in the yard, I never heard any of the conversation between plaintiff and defendant. 1 have counted the sheep since the Ist February. There were 98 ready for delivery at that time. I remember Yallender coming over on the 17th December for some lambs. I am no judge of stock and cannot say what was the condition of the lambs. As far as I can remember Yallender did not mention to me anything about the feed. Mr Aspinall briefly stated the case for the defendant and called Edward Lee, who deposed ; lam a butcher in Temuko, and the defendant. I saw Mr Scannell, and he asked me to go and look at his lambs. I went over on the the 19th November, and with Mr Scannell went into a paddock to look at the lambs. Going up 1 asked whether he would sell part of them but he refused. I said I had bought some of David Cunningham’s lambs and had rather more just then than I wanted. When going up to the paddock I pointed out that some of the lambs were only two or three days or a week old, and that they would not come in for butchers’ lambs. He would not break them. 1 pointed out also the bareness of the feed, and he said if there was to be a clay’s rain there would be plenty of feed. I said he could not expect to fatten lambs on that feed. He wanted 7s fid for the lands and I offered him 7s which he accepted. He was to keep the lambs till I wanted them. My man fetched seven of them that day, A month afterwards I sent Yallender over for some more of the lambs. When the lambs were put into the yard Yallender picked out the best ] 'e could find. Mr Lynch objected to this evidence, and His Worship upheld the contention. Witness continued : I did not see the lambs till after they were dead, next morning, and I then asked whether they were the best that could be got. I sent over a message to Scannell by Yallender about the feed. Scannell did not communicate with me again on the subject. I saw the lambs again on the 16th or 17th January in Mr Oldfield’s paddock, and heard that they had been put there the previous day. I saw Scannell on the Terauka River-bed about the 25th-.or 26th January, and he asked me whether I would take the lambs. I said I would not, as he had not done justice to them. When I saw them at Oldfield’s there might have been 10 of them fit for butchering. I had to buy ether lambs. I bought 18 for Christmas from Mr Hewdon at 7s fid. 1 bought 32 from Mr Scott for 8s in January. I would have had sufficient lambs if Scannell’s had been in good order, and would not have had to buy others. To Mr Aspinall: I said if Mr Scannell had any lambs after shearing time I would take them. To the Court : I did not know how many acres Scannell had. I went through two paddocks. [ saw some horses, and some cows, and, I think, all the sheep. I had a conversation with Fitzgerald. He had a few lambs running about, and 1 bought them. 1 think some conversation ensued about Scannell’s lambs. I said Scannell’a were well-bred lambs, and if I did not want them all to kill I would keep them. >

Evan Yallender; lam a butcher. On the 18th November I saw Scannell’s lambs at Mr Lee’s request. I went over to see them with Scanned. 1 told Mr Lee there were ten or a dozen fit to kill then. The following day I helped to kill some of them. They were in middling condition. 1 met Mr Scannell on the 20th, and had conversation with him. He asked me how the lambs turned out, and I told him “ Nothing to blow about,” and showed him some of them in the cart. I spoke to him about the feed, and he said if it rained there would be plenty of teed. On the 17th December I went over for some lambs. I met Scannell on the bridge, and he said he could not go back with me, but that Chute was over there, and knew all about them. I went and got the lambs, and told Chute was no feed in the paddock. The 7 I were very inferior. I went and saw Scannell with a message from Mr Lee. The message was that if the lambs were not put on better feed Mr Lee would have no more of them. That was on the 18th December. The sheep were not removed for a month at ter that. I know that, as I passed there twice a week. I did not inspect them again. I saw Scannell that night, and he said he had been to Oldfield’s but could not see him. When I saw the lambs in Oldfield’s paddocks none of them were fit to kill. Scannell’s padpocks were verybare on the 17th December, To Mr Lynch : When I saw Scannell I never heard him say “i do not think I anjjsound to find feed, bui than have a bother I will try and get feed.” David Scott deposed to selling Mr Lee some lambs at 8s each, which was the market price of them, about the 20th January. The lambs were 6 months old and butcher’s lambs, W, Ackroyd, butcher, deposed that he was in the habit of buying crops of lambs. He usually agreed to take as many at a time as would do for the week. The man who owns the ground generally feeds the lambs if for forward delivery. If lambs fell away in condition it would be impossible to get them back into condition afterwards. Mr Aspinall briefly adressed the Bench for the defendant. His Worship gave judgment for plaintiff, with costs of Court and witnesses expenses. Defendant would have to take delivery of the lambs at once, J. Brown v. Yaile and Creba—Claim £23 19s, dishonored promissory note. Mr Aspinall appeared for plaintiff and Mr Forster for defendants. After hearing the evidence of Mr Brown, judgment was given for plaintiff with costs. HENDERSON V, HENDERSON. Mr Aspinall applied that a warrant should be issued for the arrest of Wna. Henderson, who had failed to comply with the order of the Courl re the sum he was ordered to pay weekly for the support of his wife. He had reason to believe that Henderson was in the North Island. The Clerk of the Court (Mr Wills) said Henderson was considerably in arrears, and His Worship ordered that a warrant should be issued for his arrest. ACKROYD V. EAGLE. Mr Tosswill said that some time ago His Worship had made an order that Eagle should pay Ackroyd’s claim at the rate of 10s a week or be imprisoned for 14 days. He submitted that the Court had power to commit a debtor to prison at any place, and as Eagle was in Wellington he thought that was the proper place. Hie Worship did not think he had the power to commit a debtor to any gaol he might choose. Mr Tosswill said if that was the case all a debtor had to do when an order was made against him was to clear to the other end of the colony, as if a creditor wanted him brought back he had to pay all the expenses. His Worship said it was not generally understood that there was really no imprisonment for “ debt ” since the abolition of the Imprisonment for Debt Act. The imprisonment inflicted now was merely for contempt of Court. After a little further argument His Worship said he would not make any order without further consideration, and Mr Tosswill said he would bring the matter up again. The Court then rose.