RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 2800, 7 February 1872, Page 2

RESIDENT MAGISTRATE’S COURT.

Tins Day. (Before A. C. Strode, Esq., R.M.) Civil Cases. Baxter atpl Findley y. MTutyre.—Claim for groceries supplied, ” amounting to L 7 Is lid. Mr Stout for plaintiffs Mr Catomore for defendant. The sum of L 5 9s 3d was paid into Court, and Mr Catomore pleaded that the plaintiff could not recover the balance, as it was for nobblers, and quoted the Tippling Act. Mr Stout, for the plaintiffs, contended that the Licensing Ordinance of 1864 repealed the Tippling Act, and the Licensing Ordinace of 1863 repealed the ordinance of 1864—therefore the Tippling Act could not be revived. His Worship said that there could be no doubt that the Licencing Ordinance of 1865 repealed the Tippling Ordinance in the Province of Otago ; but the Ordinance having been repealed, that revived the statute, and the Tippling Act was again in force. Judgment for the plaintiff for amount paid into Court. Gillies v. Sband.—L4s, for wages , and wrongful dismissal'. Mr M‘Keay for the plaintiff ; Mr, -Harris for the defendant. From the evidence of the plaintiff, it appeared that, he engaged with Mr Shand in June last, and continued thete until October, when, being ill, bo was obliged to’ come to Dunodin, The defendant was then in Southland. A dispute occurred about hi§ refusing to shoe a horse after working hours. No further fault was found. He with others went away at the New Year, and returned on the Wednesday. Ho woi - ked until the 13th Januaiy, when he was ordered to go to the chaff-cutter. Ho was suffering through an attack Of cold in the chest and spitting of blood. The deiendant ordered him to go into the chaff-hole. Plaintiff replied he could not on account of his indisposition,

and defendant told him if he did not he yris 1 to heave down the ring. Re. left, and. went to consult a medical map, who gave him some medicine. On returning to the farm, Shand ordered him to “ clear out,” and refused to pay him his wages, LI 2 hid been received on account of wages."- On deceiving his dismissal he left. Dr M ‘Brearty said plaintiff consulted him on the 13th January on account of a pain in his chest. He prescribed for him, and it was advisable that he should not engage in such employment as chaff-cutting while under treatment. It would be advisable for even strong men to stay away from the chaff-hole a few hours, to throw off the effects of the dust from the machine. For the defence, it was said that no complaint of ilbhealth had been made by the plaintiff as a reason for refusing to work until several hours after the refusal had been given. Jus, Shand, the defendant, said that oh the I3th January, before the plaintiff was dismissed, no complaint was made by him of any:illness. Had he complained, he would have been allowed to work outside the chaff-hole. ColinAllan was present when the terms were agreed between the plaintiff and defendant in June last. Blacksmiths found difficulty in obtaining situations, unless they would engage to do farm work well. His Worship considered the defendant had proved himself not a good servant, and that he had been guilty of insubordination on several occasions. Judgment for the defendant. [Left sitting.]