Supreme Court.

Gisborne Standard and Cook County Gazette, Volume V, Issue 634, 16 July 1891, Page 2

Supreme Court.

[special to the standard.] Napier, last night. 1 At the Supreme Court, in banco, to-day, before Mr Justice Connolly, the following ■ cases of Gisborne interest were heard. Another decision of your worthy magistrate was rehearsed,—Rees and others v Barker (motion for new trial). Mr Theodore Oooper appeared for plaintiffs, in support of , the motion, and Mr DeLautour, of Gisborne, and Mr Button for defendant. By consent a new trial was ordered, on terms as to the reading of the evidence of witness E. ff. Ward, If he Was absent from the colony. Costs by Consent, reserved. Wells (appellant) v Chambers (respondent), This was an appeal from the decision of Me Booth, B.M. at Gisborne. Mr Theo Cooper appeared for appellant, and Mr DeLautour, of Gisborne, for respondent, Respondent was charged by appellant with a breach of section 66 of the Sheep Act, 1888-90, by mustering his sheep without having previously given notioe of his intention to appellant, who was occupier of an adjoining inn. The Magistrate diemissed the information, holding that it was the duty of appellant to have first given an intimation to respondent that appellant required such notioe. Mr Cooper submitted that no such duty was cast upon appellant, and that the Magistrate’s decision was erroneous in point of law. Mr DeLautour contended that under the letter of section 66 such duty was required, and that the latter part of the section controlled tha former. After hearing argument from counsel His Honor gave judgment in favor of appellant, holding that the Magistrate's decision was erroneous in point of law. Costs. £7 17s, were allowed to appellant. Mr Chrlsp appeared in Gisborne for Mr Wellfi