RESIDENT MAGISTRATE’S COURT.

Hawke's Bay Times, Volume III, Issue 137, 28 August 1863, Page 3

RESIDENT MAGISTRATE’S COURT.

2-Ith August. Allen v. Brathwaite. Plaintiff claimed A2O as damages for illegal dismissal from the Union Bank of Australia. Mr. Allen for plaintiff and Mr. Wilson for defendant. It appeared in evidence that the plaintiff, who was clerk in the Union Bank at Napier, had absented himself fur several days without permission, and was suspended ; that a confirmation of his dismissal was received from the Head Office ; and that he had notice given him that the salary due to him would he paid on application. The salary was paid, aud plaintiff gave a receipt in full. But he considered himself entitled to three months notice by the Rules of the Bank, and hence the present action. Plaintiff pleaded that illness caused his absence ; but it was advanced for the defence that he gave a dinner party on one of the days in question. Messrs. Bratbwaite and King proved that general neglect had marked the fulfilment of the duties of the plaintiff. The Bench dismissed the case, but thought that Mr. Brathwaite had been arbitrary in the matter. Stuart v. Catchpool. Plaintiff claimed £2O for illegal detention of certain goods consigned to him. Mr. Allen for plaintiff, Mr. Wilson for defendant. The case was withdrawn, in order, that a months’ notice] required by the “ Customs Act, 1858,” might be given. Carter v. Smith. Mr. Allen appeared for plaintiff’, a builder in Wellington, who claimed £lB 18s 2d. for timber &c., supplied to defendant. Mr. Allen called defendant, who denied having ordered or received the timber and Mr. Allen, having no evidence to the contrary, elected to be non-suited. Tuesday, August 25. (Before J. Curling, Esq., R.M.) Sebley McGreevy v. J. M. Stuart. Plaintiffs claimed £iff IGs. Bd., the price of a tarpaulin purchased from defendant, who had paid £8 16s. Bd. into court. Mr. Allen appeared for defendants. It appeared that the tarpaulin was imperfect and full of holes, and that defendant refused to take it back, but was willing to make a reduction in price, to which plaintiffs objected, as it w r as useless to them.

The case was adjourned for the production of evidence as to the state of the tarpaulin after’the first night’s use. Supplying Natives with Liquor.

John Marshall, of the Settlers Hotel, appeared to answer an information laid against him for having supplied Te Hapuku, an aboriginal native, with spirits. Corporal Evans, of the Police, stated that he saw some natives go into defendant’s house, apparently intoxicated. He placed Constable Finuucane in front whilst he went to the back of the house to watch ; and he saw the barman through the window bring in two glasses of grog for Hapuku and another native. Witness went in and took a glass of rum hot from the front of Hapuku, which he poured into a bottle, sealed it up, and produced in court. Defendant pleaded that the liquor was for his cook, although supplied to Hapuku. A mitigated penalty of 20s. and costs was inflicted, and defendant was cautioned as to the future.