Mr - M'Carthy contended that the Court could not go behind that agreement, and quoted " Koseoe on Nisi Prius Evidence " in Bupport of his argument. His Worship promised to consider the point raised by plaintiff's counsel and would defer judgment till Wednesday morning. On Wednesday morning His Worship delivered judgment- in favor of the plaintiff for £6 14s 6d; costs of case, lis ; and pro fessional-fee, 21s. The judgment was very lengthy and entered fully into the dispute, acknowledging the difficulty in coming to a decision, because of the conflicting and con tradictory nature of the evidence. In connection with points that had arisen during the hearing of the ca3e, Hi 3 Worship cited " Roscoe on Nisi Prius Evidence " as follows :—" Contemporaneous entries by a de ceased shopman or servant in his master's books in the ordinary course of business, stating the delivery of goods, are evidence for his master of such delivery (Price v. Lord Torrington) ; but, in order to render such entries evidence, it must appear that the shopman is diad. That he is abroad and not likely to return is not sufficient (Cooper v. Marsden). The entry, too, must be .by the person who actually did the act recorded by it. .* * * * Action for goods sold and delivered. —The plaintiff, in an action in the indebitatus form, for goods sold and delivered, must be in a condition to prove (1) ] the contract of sale, (2) the delivery of the ■ goods according to contract, and (3) the /alue ! or price ; and all these facts are put in issue by ; the plea of ' Non-indebted.' '* '

THE WARDEN'S COURT, NASEBY. Wednesday, Nov. 7, 1883. (Befoeb John S. Hicksou', Esq., Wart>e».) INTEBFERENCE. Lancelot Hore and party v. W. J. Flynn. —The complaint set forth that, on October 31, the defendant unlawfully trespassed upon and interfered with a certain extended claim of six acres in Main Gully, Naseby, which was then marked out and under application by complainants, by entering on the said claim and marking-out a claim, without the sanction of the complainants or the authority of the Warden having been first had and obtained: Wherefore com plainants prayed that defendant might be ordered to pay a penalty, and be restrained by the order of the Court from further interference with the said claim.
