Hawke's Bay Times. Nullius addictus jurare in verba magistri. SATURDAY, MAY 38, 1872.

Hawke's Bay Times, Volume 19, Issue 1327, 18 May 1872, Page 2

Hawke's Bay Times. Nullius addictus jurare in verba magistri. SATURDAY, MAY 38, 1872.

the extract which, wo gave yesterday from the Daily Southern Cross, respecting the cause of the detention of the last mail via San Francisco, it appears quite possible that three or four of the five steamers- connected with the service may be knocking about the Pacific Ocean. It is not very likely that the Nebraska would wait at Honolulu for so long a time as would be necessary to admit of the return of the Moses Taylor after the repair of her steam-chest. The Cross estimates the earliest date at which the Moses Taylor could arrive at JJonolulu to be the 19th April, and supposes that the Nebraska may have left hefoie that date, and that the Moses Taylor m*ty have continued ihe journey to Auckland with the mails. Even supposing that she was considered unfit for t hat service, the Cross imagines that Mr Webb might despatch another yessel from San Francisco for the purpose- The next mail is due at Auckland, according to the published Government time table, on Monday next, 20th inst., but the Cross, we suppose allowing for contingencies, does not expect, it for another six days, when perhaps it may arrive with both mails. "We think it has become evident that unless some vast improvement be made in the class of steamships employed on the service, not only will it be hopeless to expect the Australian colonies to join with New Zealand in the contract, but New Zealand will have to give it v.p in favor of some other Gam pa my which will perform the service more efficiently,

Mails for Australia close at the RJuff at 2.3 Q p.m. oil Monday, 20tb in*r. Mr John has. been appointed immigration officer at Oamaru.

The report of the case, Regina v. (siealing), that of Regin,a v. Firth, (receiving stolen property), in the R. M. Court yesterday, is too long for insertion, this, issue. Rio.th the accused parties were committed to take their trial at the sittings of \\\e District Qourt o,n the Ist JTune. One immigrant's ca w e came before the R..M- Court to-day—Qrmoud v. Beacham and claim ot ,£l9 15,8, amount of promissory note, with iuter£&i—Judgment tor kit \Q& M..

The following is a fuller report of the case Collins v. itoutledge, in the Kesident Magistrate's Court yesterday. Collins v. Eontledge.-rClaim of £2l salary as bandmaster of the Napier Artillery Band, Mr Stedman appeared for the plaintiff; Mr Leo for the defendant. The defendant, who was sued in his capacity as en plain of the Artillery, denied his liability, and set forth also the plaintiff had been fully paid for his services. Thomas Collins, sworn, deposed : I am a bandmaster, •end recently held that office in the Artillery Band. T started that band in August, 1870, and carried il on till October, 1871, without payment, the band merely paying the rent of the house in which I Jived. In October, 1871, being out ot other employment, I applied for a salary, and it was agreed that I should receive £2 per week. I resigned in April, 1872, because f could not get my salary, having only received £26, and goods to the amount of £3 from defendant. The principal room in my house v as always used as a bandroom, and was open to the band at any time. By Mr Lee : There was no agreement between the band and myself up to October 1871. It was agreed at a band meeting that I should receive £2 weekly, I was not present when that resolution was passed. Captain Bout ledge present. lam not a member of the corps. Previous to the meeting the company had made me a present of ,£l3. The band has always pail my rent. Hooper, one of the members, has been responsible for its payment. I am now bandmaster of the Kifie Volunteer Band, and receive £1 per week, being engaged for two nights weekly. My salary of £2. was to have been raised by a weekly subscription of (kl each member. Hooper told me that the 6d subscription would not last, to which 1 replied that I held Capt, RoutleJge respnosible. T never told Hunter that I had been knocked off pay; never roceived intimation to that effect. By Mr Stedman : I left the Artillery Band on the Bth April. There was a " row " because f had applied ior the mastership of the Bifie Band. I gave from one to six nights weekly to the Artillery Band. Practice had ceased about a fortnight before I resigned.— Boope Brooking deposed ; I am sergeant and secretary in the Artillery Corps. 1 produce my books. I remember a meeting in Collins' hou-e on the 6th September last. A resolution was then parsed relating to Collins' salary. [Witness read the resolution from the minute book ; it was to the affect that the band should pay Collins a salary of £2 weekly, to be raised by a weekly subscription of 6d each member ; the deficiency, if any, to be made up from the capitation grant] I believe the meeting was perfectly regular. I paid Collins the money regularly for about three months —up to the time that I was told the subscriptions had ceased. —Mr Lee addressed the Court, arguing that a resolution passed by a portion of the corps could not be bind ing on absent members ; and also that there was no proof of the liability of Capt. Boutledge. He moved for a nonsuit.—TheEesiden* Magistrate said the plaintiff had failed to prove his case. He admitted.it was a hard case; but it had certainly not been shown that Captain Routledge was liable.— Plain tiff nonsuited.

In the Resident Magistrate's Court yesterday, W. Routledge captain of the Napier Artillery corps, sued T, Collins, late b.-mdmaster to the corps, for- the sum of £4O, or the reoo\ery of coriain instruments and music, the property of the Artillery corps, vested hy law in the plaintiff as captain, and unlawfully retained hy the defendant. Mr Lee, in opening the case, read a clause from the Volunteer Act, vesting all company property of any description in the eap tain of the company In addition to this, a resolution was read, by which they vested their instruments in Capt. Routledge, as.their President, reserving, however, the right to reclaim them, should a majority of two-thirds of the band be so inclined.—William Routledge deposed : I am captain of the Napier Volunteer Artillery, There is a band attached to the corps,. Hunter \< bandmaster i the position was formerly held by Collins. ' This action is for the recovery of a. cornet, cl.ai,ion.et % and

a quantity of music, the property of the band. I have demanded the property, hut it was not returned. By Mr StecU man : X have not offered money for the instruments. To prevent the ease comiDg before the Court Collins was offered the sum of .£5 if he would pay all legal expenses, and rttum the instruments. —Stephen Hooper deposed. I have been a member of the Artillery Band for two year*. I know the instruments claimed. The clarionet is band property, and was bought in Melbourne by the band funds. The cornet was originally Collins' property, -but was purchased by the band for £ls. Both instruments have been regularly used in the band T know ihe music claimed. There is a great quantity—chiefly manuscript, consisting of dance music, marehe-, etc., arranged for the instruments of the band. This music was copied and arranged by Collins, who was supplied with the necessary stationery from the band funds. The music was worth about £2O, and was used by the baud Parts used to be taken home by the members for practice. The clarionet cost £6 10s. By MrStedman : Including cash payments and rent, Collins has received £42 6s since the 6th September, which amounts to £8 more than the £2 per week agreed upon. He was altogether 17 weeks on pay. In January last he told me he had received notice that his pay would be stopped. —J. B Hunter deposed : I am bandmaster of the Ar'iilery Band, The value of the instruments claimed is about ,£l9 or £2O. T have been in the band since August last. The music sought to be recovered in the present suit is worth, to the band, about £3O. The music in books was kept by Collins. The parts for the different instruments were kept in the members' pouches, which were left in the band room. Collins took, the music out of the pouches. On the 27th Feb. Collins told me that his connexion with the band would cease, as hi< pay had been knocked off for same time. I have been in several bands, and my experience is that the bandmaster writes the music. I belonged to. the Castlemaine Band, and saw a precisely similar case tried there, in which the band master had to. give up the music,—F. W. Garner deposed :. I belong to the Volunteer Artillery, and hold the office of treasurer. Collins was bandmaster, and was on pay from the 6oh Sept.. A weekly subscription of 6d per member was laised to pay him. This was purely voluntary, and some of the members never paid at all ;. but the majority of them paid until January. They then considered that. Collins was not earning the money, and about that time, too, he engaged to play every evening for a theatrical company. I told Collins, then, in Hooper's presence, that the subscriptions had ceased, and that his pay must cease also. He refused to aocepi the notice. F again gave him notice from Capt Kentledge —Walter Slater deposed : I am a member of the Artillery Band. I know the cornet claimed by plaintiff; I have signed for it, and am responsible for it to the band. Collins' little girl came to me some time ago, and borrowed it for her father, with some music, and I have not seen it since.—S. Hooper deposed : 1 am treasurer of the band. Collins has: paid for the cornet and clarionet in his possession, and they are band property. By Mr S ted man : The book produced is the band cashbook, partly kept by myself. T see an item of £l9 19s. I do not recognise that item as correct. The entries on that page were made by Collins himself, a few weeks before leaving the band. By Mr Lee ; These items represent money earned by the band at balls, picnics,. &c. It was. always understood that this money should go to pay Mr Jacobs for the band instruments, and it was so applied. H was, agreed that it should be apportioned among the members in the cash-book,, so that if the band should evei be in funds the mem bcrs might be paid for their trouble. Collins' apportionment was not recog ni?ed ; he gave himself so much 'arger a ehare than any of the others. By a rule of the band a member leaving for feited his claim, and had to leave his instrument. If the instrument was hi* private property, the band bought it back.. Collins took care that these rules, were enforced in the case of those

leaving the band.—T. Collins deposed t When I left the band the sum of £l919s, my own earning*, was owing tome. 1 claimed a larger .share than the others because I was the contractor and took all the responsibility. It is no part of a bandmaster's duty to copy or arrange music. I claim the musia as my property ; it is all my own work,, and is nearly all adapted by myself front pianoforte scores. The paper on which it is written belong* to the band, but they have always had the n<e of it. I am willing to allow the value of thepaper. —Mr Stedman and Mr Lee then add ressed the Court. —Decision reserved. —The Resident Magistrate this morning, before giving judgment in the above case, said, " I am of opinion that the plaintiff cannot sue as commanding officer of the Napier Artillery Volunteers, under section 3 of the Volunteer Act, 1567, because that section relates to the property of the corps generally, while the evidence goes to prove that the instruments were the property of the band, and under their control, and were by thorn veiled in Mr Routledgeas President of the band; and they claim the right of withdrawing their trust by a resolution of two-thiids of the band, not of the Artillery corps. Yet if I were to give judgment for the plaintiff I should in fact be deciding that the instruments *vere the property of the Artillery corps;. I propose, therefore, to avoid the expense of a nonsuit and fresh action by amending the plaint."—Mr Stedman objected to, any amendment, unless an adjournment were allowel that he might bring additional evidence. He should also claim costs of adjournment.- —Mr Sealy had not thought any objection to the amendment would have been raised;; his only object in suggesting it was to avoid the expense of an action in another form. He had gone carefully imo the on its merits, as well as on technical grounds. If Mr Stedman really thought he would be aggrieved by an amendment, the case must be adjourned—but the costs could not beallowed—they must abide the decision of the case.—The plaint having been amended, by the substitution of the n-or&s " Vice-President of ihe Artillery Baud" for " Captain of the Artillery Corps/' the case was adjourned, to, Tuesday.