Hawke's Bay Times. Nullius addictus jurare in verba magistri FRIDAY, MARCH 8, 1872.

Hawke's Bay Times, Volume 19, Issue 1268, 8 March 1872, Page 2

Hawke's Bay Times. Nullius addictus jurare in verba magistri FRIDAY, MARCH 8, 1872.

In the Resident Magistrate's Court this morning there were two civil cases —Webber v. Flanagan, and Flanagan V. "Webber-- cross actions, arising from the fame transaction. Mr Lee appeared for Flanagan in both cases. The first was an action to recover .£l2 damages (or non-fulfilment of a contract at the specified date, and the other was a claim of ,£l2 for work done. In the first case the plaintiff, Webber, stated that he had employed the defendant to raise the level of a section of land of irregular surface to uniform height, to be nine inches from the level of the high part. The work was to be completed by a cei'tain date A written agreement containing these particulars was handed in. The work not being finished at the specified time, plaintiff ■wrote to. defendant, telling him lie was Suffering inconvenience from the noncompletion of the work, and should charge 10s per day damage for the delay. It was upon this charge for damages that the present claim was founded. Hollows; were left here and there, which, when the rain fell, were full of mud and water. About a fortnight or three weeks after the commencement of the work, he had nailed a nine-inch board to the fence, to show the height to which, the level should be raised, but the section had not been filled, up to the required height. IJolt deposed that he had been called by the plaintiff to examine the work, The new soil was not quite evenly spread, bub the average level would be about four inches below plaintiffs mark, which allowed only a fair margin for "shrinkage," caused by the rain. E[e pointed out to defendant one or two hollow places where a load might be added with advantage to make the work more complete, and the defendant had acted upon his suggestion, and fedded more earth in those places. He considered that the work was fairly and that another load or two •would have made it a job, $y Mr JU.ee : The value of the work done by defendant would be between £2O, and concluded Mr Webber-'* case.

agreement, deposed that he was present when it was signed. Mr Webber on that occasion plainly stated that though a date was mentioned for the completion of the work, it was merely a matter of form; the work might be done at odd times. He leased the land from the Government, and the terms of his lease required that he should raise the level of the ground; but if the Government did noL press him, he would be in no hurry.—Patrick Flanagan deposed that when Webber showed him what was required to be done, and asked him what it would cost, he said it would come to much less if the work could be done at odd times, when it would not prevent him from doing other jobs. Plaintiff said it would suit him to have it done that way, and witness- named ,£l2 as the lowest sum for which he could do it, even at odd times, remarking that he would not make wages at that Plaintiff asked him again, after having spoken to other carters, and he then agreed to take the job for i>lo. After the work had been for some time in progress, plaintiff nailed up a board as a mark. This board was sixteen inches instead of nine inches above the high level. In one place, where plaintiff had said he wan tod the level raised fifteen inches, he placed a mark feet from the ground. During the progress of the work he raised one of the marks four inches higher than it originally stood. He also moved some of the earth after it was laid down, which caused the holes complained of. Witness told plaintiff he would have to be paid extra for the extra work, and that he would not have undertaken to fill it to the marked levels under ,£4o.—Mr Ellison, surveyor, deposed that he had read the agreement, and had carefully surveyed the work, of which he produced a plan. The work was not perfectly level, but it averaged more than the height contracted for. At the time of the survey, the to + al amount deposited was 595 cubic yards, or 65 cubic yards more than was required to fulfil the agreement. More had since been added.—Mr Lee said he had proved that actually more work had been done than was contracted for; and he could only characterize the action for damages against his client as atrocious. The £2 5s claimed above the contract figure was only a fair remuneration for the additional work.—His Worship dismissed the first case, (with costs 8s), as plaintiff had failed to show damage. In the case Flanagan v. Webber, he was quite convinced from Mr Ellison's evidence that the contract had been fully completed. He would not allow for the extra work; and as regarded the non-fulfilment by the specified time, no injury on that account had resulted to Webber.—Judgment for <£lo with 19s costs On the application of Mr Lee the Court allowed Mr Ellison's costs, ,£1 Is for survey and plan, and i?l Is for attendance ; and also 7s costs ot the witness Flanagan. At the firing this morning by members of the Cavalry for the geneial prizes offered hy the Government, the highest score was 38, by Mr James Hague ; the two next were Messrs. S. C. CauUon and Bad ley, with scores of 35 and 33. The langes were 150, 200, and 250 yards— 5 shots at each. This competition is open to the whole Colony. The pikes are twenty in number, valued at £IOO, viz. :—lst prize, £10; 2nd prize, £9 ; 3rd prize, £8 ; 4th and sth prizes, £7 each; 3 prizes of £Q each ; 3 prizes of £5 each ; 2 prizes of £i each ; 4 prizes of £3 each; and 3 prizes of <£2 each. We extract the following from the San, Francisco News Letter :—The suggestion of the I(Ondon Times, eoneernthe Geneva Conference on the Alabama Claims, is so pertinent and sensible that it will probably call out a storm of condemnation from the American side, and our contemporaries of the press will work themselves into a condition of mind that jeopard the buttons upon their waistcoats. The suggestion is, that England should demur to the claim of indirect damages, and;, if this demurrer is not sustained, withdraw from the case. It has been understood from the first that England would pay for nothing but the direct damage sustained by the American commerce; that is, the ships and merchandise ac tually destroyed. This position is also ajun'OYed by eyery just i.auid.Q-d WM Qft

our side. The responsibility of England for indirect injuries—such as the advance in insurance rates, the driving of our ships to the protection of other flags, interest, upon the capital locked up in our harbors, through fear of cruisers, &c.—is an idea that was never entertained by any one this side of the Atlantic until Mr Summer made his famous speech. If our Government; has been foolish enough to adopt his vagaries as its position, there can be but one of two results; either the arbiters will contemptuously reject it, or England will retire as intimated. Should the ht'er be the case, n*e will either get nothing, or have to take it at the cannon's month. And it will serve us right.

The Emperor of Germany has knighted and conferred the order of merit, on the distinguished English painter, Sir Edwin Landseer.

The population of Rome, accoi'ding to the last census, is 250,000.