but without being able to obtain them. In consequence of which, had the defendant been disposed to impound any cattle, he could not have done so without making himself liable to an action at law for a trespass. Another important fact was, that the defendant carried on a trade in supplying the shipping in the harbour with ballast, by the consent of the plaintiff; and yet although the farm ought to have been held sacred to the lessee, and which in fact the lessor was bound to secure to his tenant, a person of the name of Cunningham was in the habit of taking away quantities of soil for ballast, under the sanction of an order from the Colonial Secretary. In the absence of any proof of the title under which the plaintiff held the land, the defendant who was granted a very large portion of land from Sir Thomas Brisbane, had taken up a part of that grant adjoining the farm in question, but did not know how far he might have advanced for want of the proper boundary, and which the plaintiff also appears not to know. Mr. Wentworth contended, that by the evidence of the plaintiff’s son, it appeared that a formal instrument had been executed by the parties, binding them, under their hands and seals, to certain performances of a contract for a specified term of years, and that the present action of assumpsit for use and occupation, could not lie, but that an action of debt would have been the proper cause to pursue. The learned Judge over-ruled the objection taken by Mr. Wentworth, as he was advised, that the second document was not formally drawn, but was merely a memorandum between the parties, and put the case to the Assessors on the merits, who immediately returned a verdict for plaintiff. Damages - £25 17s 4d. Dispute over 100 acres at Pennant Hills In 1820 James Milson owned, and was living on, a land grant of 100 acres at Pennant Hills. This was not enough land for his needs and he began making attempts to increase the land available to him for farming purposes. First in 1820 he requested a second land grant from Governor Macquarie, and second in 1821 he made arrangements with Robert Campbell to lease 120 acres of undeveloped land at Kirribilli. Milson's request for a second land grant from Governor Macquarie