Hawke's Bay Times. Nullius addictus jurare in verba magistri. TUESDAY, DECEMBER 5, 1871.

Hawke's Bay Times, Volume 18, Issue 1189, 5 December 1871, Page 2

Hawke's Bay Times. Nullius addictus jurare in verba magistri. TUESDAY, DECEMBER 5, 1871.

During the month of November last, the exports of live stock from this port comprised 120 l}ead cattle and 1,100 sheep.

11l the Resident Magistrate's Court this piorning the following civil cases were disposed of:— Wells y. Hart and M'Ginlay.—A claim of <£B 5s Mr Lee for plaintiff; Mr Sted man for defendant. Plaintiff was employed at Tarawera by the defendants as a blacksmith, and obtained a week's leave of absence to visit his family at Waipawa. On his return he found that at the instigation pf Capt. North croft his employers dispharged him, and had appointed another man in his place. He now claimed £3 for the week he was absent, ,£3 for the week's notice to which he was entitled, and j£2 5s travelling expenses at 7s 6d per day. Mr S ted man endeavored to prove that the plaintiff was generally supposed to have been guilty pf certain misconduct, but his Worship would not admit evidence on this point, and said that even if it was true, a pommon report would not justify an employer in a breach of engagement. PlaintijJ was failly entitled either to a week's notice or a week's wages.— Judgment for £3, with solicitor's fee, and lis costs. Parsons v. Hart & M'Ginlay and' Hart & M'Ginlay v. Parsons.—A cross-action ; M r Lee for Hart & M'Ginlay. On the 4th Sept. the parties made an exchange of horse« --Mr Parsons to receive a gray horse ;n exchange for a black mare and the sum of c£3. Tne mare was pver, and it was arranged that Mr parsons should go next day and take the horse from a flat by the Petane river, where it was running. Mr Parsnns went next day, but could see nothing of the horse, and it was found dead some days after. The black mare, after having been two, days in the hands of its ne\v owner, died also. Mr Parsons maintained that there had been no delivery of the horse and claimed «£5, the value pf the black mare. Messrs Hart <fe M'Ginlay maintained £hat they Lad performed their part of contract, and claimed the unpaid fe§ta?§ Si ■£§*. ft w: * s P? 9Y e 4 tfeftt the

horse was seen alive and well on the 2nd September, and the witness who had seen it saw a gray horse (which he believed to be the same) in the same place on the 4th September, the day on which the bargain was made.-~r-Hfr Worship said ii appeared that the liorse was alive at the time of the bargain, and he .considered that Messrs Hart & M'Ginlay had performed their part. Jt was a great hardship to Mr Parsons, but this he could not help.—Judgment in the first case, a nonsuit; in the second, for £3 and costs lis.