Hawke's Bay Times. Nullius addictus jurare in verba magistri. MONDAY, OCTOBBER 2, 1871.

Hawke's Bay Times, Volume 18, Issue 1135, 2 October 1871, Page 2

Hawke's Bay Times. Nullius addictus jurare in verba magistri. MONDAY, OCTOBBER 2, 1871.

lii the District Court this morning, Iris Honor Mr Rochfbrt gave judgment in the case of Davie v. Floyd, ad journed from a previous sitting. After making a good deal of evidence, his Honor allowed the defendant's set off, with the exception of two items, amounting together to <£G 15 >, and gave judgment for the defendant for £3 16s Id, without costs.—Mr Stedman (who appeared for the plaintiff) asked leave, to appeal, on the ground that there was no evidence in support of the defendant's set off. —His Honor said he had taken the defendant's own evidence, and refused to grant the permission to appeal. —Mr Stedman said his client did not intend to pay the money. —His Honor allowed one week for payment. Mr Stedman read an affidavit from three natives,—Tareha te Moananui, Paora Torotoro, and Te "Whaka Kawatini, setting forth that they had been led by Mr If. Sutton to execute a conveyance of certain land known as the Mangateretere West Block, being persuaded that they were, only signing a deed of mortgage. They also set forth that Mr R. pashm ore, by means of a steam sawmill, was cutting down and disposing of the timber growing on this block; and they applied for a rule nisi to restrain him from so doing.—Mr Stedman said that in cases of this kind, where irretrievable damage was being done to property the District Court had equal power with the Supreme Court. A! summons had been taken out against f:he parties mentioned, and the bill would be filed in a day or two.- In the meantime, he applied for the rule nisi. -- His Honor said that there y/as ceriainly a primd facie ease shown in the

affidavit, quite sufficient to justify hitn in'grantins; the rule ; but it was a serious thing to bring a man's business thus suddenly to a stand still, and a much stronger case would have to be made out before he could' make the injunction absolute. He was always averse to talcing action on an affidavit; particularly where, as hi this case, the parties were ignorant of the language. For instance, how many interpreters were there who could explain clearly to a native the difference between a condition of sale and mortgage 1-— Rule ordered to issue—hearing to take place on Wednesday next, at 11 a.m. Mr Sutton, who was served with a copy of the affidavit, remarked that it wab a reflection on the horn D. M'Lean, who was one of the parties to whom the conveyance had been made. Newton v. M'Kenzie. —Adjourned to Wednesday next. We would remind our readers that the first anniversary of the Hope of Napier Tent, 1.0. K., will be celebrated by a soiree, to be held in the Oddfellows' Hall "to-morrow (Tuesday) evening. We trust that the weather may prove favorable. The Customs Revenue at Fort Anuria for the month ending 30 th September, amounted (including Pilotage) to i £1,837 19s 3d. The export of live stock from this port for the month ending 30th Sept., \ amounted to 180 head cattle and 1,050 . sheep. A correspondent sends us the followin o- : —The second quarterly meeting of the Rose of Sharon Tent, 1.0. R., was held on Thursday evening last at the usual place of meeting at Waipawa. After the despatch of the ordiuary business the members proceeded 10 the election of officers, when the following persons were chosen : —R. Harding, OR.; C. Greenside, D.R ; R. Moffit, Sec. , J. Livingstone, C.S.; H. Thomas, BS.; H. Paul, Levite; G. Gregory, Guardian. RC R Brother R. Taylor having briefly addressed the Tent, vacated the chair," and the newly-elected officers took their places. This Tent, which vas opened about 6 months ago, with 10 members, now numbers 31, with 10 proposed tor initiation,