THE Hawke's Bay Times. Nullius addictus jurare in verba magistri FRIDAY, 4th DECEMBER, 1874.

Hawke's Bay Times, Issue 1634, 4 December 1874, Page 450

THE Hawke's Bay Times. Nullius addictus jurare in verba magistri FRIDAY, 4th DECEMBER, 1874.

Last year, through an oversight on the part of the Governor in neglecting to further prorogue the Assembly, a curiously informal session was held, the effect of which was to raise a number of those exquisitely fine points of law which are the delight of the profession. One would have thought such a lapse would not be allowed to occur again; but such has actually been the case. Parliament was prorogued to the Ist December, and the Governor left the Colony on the 27th November, without fixing a later date for its meeting. The new Governor not having arrived, the Parliament is in a stranger predicament than ever. It was " formally opened " on the regular day, and has been formally adjourned from day to day since, and will continue the process, we presume, until the new Governor relieves members from their attendance. Last year the Queen's representative was away cruising on the West Coast when the error was discovered; on this occasion that important functionary is far on the blue ocean, leaving us possibly for ever. Ridiculous as the situation is, it is not without its serious aspect, as the complications last year abundantly prove.

Mails close for Wellington, &c, per ketch Julius Vogel, at 5 p.m. this day. Mails close for Gisborne, per Opotiki, at 2 p.m. this day. Mr Nairn, of Pourerere, is about to have a dwelling erected on his property there unequalled in design and extent by any in the Province. Mr D. E. Lindsay has obtained the contract for the building.

We have to call attention to the extensive sale advertised by Mr Miller for to-morrow, of ,'draught stock, in chiding some forty first-class animals; also, drays, harness, wagonette, &c. The sale takes place at the Shamrock Hotel, and in the absence of Mr Miller, will be conducted by Mr W. Routledge. On Tuesday, in the Resident Magis trate's Court, one drunkard was fined five shillings. There was one civil case—Reisima v. Hannon—a claim of £7 os. The matter in dispute was the amount of wages due to plaintiff while in Hannon's service as coach-driver, defendant tendering payment at the rate of £3 10s per week, and plaintiff claiming £4. The plaintiff was in the employ of Mr Peters when his northern line of coaches was transferred to the defendant, and it was at this tune that some misundtrstanding of the terms of engagement would appear to have arisen. Judgment for amount claimed, with £2 8s costs.

On Wednesday, in the District Court, an order was made for complete execution of Deed of Arrangement in the estate of E. Leyland, Messrs Burns and Devon port sued Brogden and Nms by their agent, James Dunbar, for £SO, being £3O loss of time and labor, and £2O special damages for loss of profit on a certain contract. The contract was a verbal one, for the erection of four miles of fencing along the line of railway.-—Plaintiffs, having commenced to execute the contract, but not being able to put up the fence through delay in laying off the line, finally threw it up.-—Defendant stated that when the contract was made, it was clearly understood that the fence could not be erected until the line was properly laid off.— Judgment for defendant, with £3 14s costs.

A painful feeling has been caused in Napier by a fatal accident which occurred on Wednesday evening at Port Ahnriri, by which the ferryman, a young man named Bachelor, lost his life. He had been crossing some horses, and about half-past five o'clock was putting off to return to the Western Spit. It was necessary ho should pass under the bows of the s.s. Raiigat'ra, which was lying at the outer wharf, and it appears that he was in some way caught by one of the warps, and thrown into the water. The accident has been accounted for in various ways, but it is not quite clear how it occurred. Being unable to swim, he drifted helplessly out to sea. He was seen floating down the channel, and all haste was made to save him, but it took some time to get round the point and put off to his assistance. Meantime he sank before reaching the break; he was again seen for a moment among the waves, after which he sank to be seen no more. Up to last evening, his body had not been recovered. He had been some weeks in the employment of Mr Johnson as ferryman, and was esteemed for his steady and industrious character. A painful circumstance in connexion with this case is, that he leaves a wife and family. They reside at Onehunga, Auckland, and he had only sent for them within the last week,

In the Resident Magistrate's Court, yesterday, William Little was charged with forging a cheque for £2O, purporting to be drawn by Messrs Neal and Close. From the evidence, it appeared that the prisoner had tendered the cheque in question—a very

bad forgery—in payment for certain drinks, amounting to Is 6d, at Bennett's hotel, Waipawa. It was drawn on the Bank of New Zealand, and was at once sent over for payment. This was before hank hours, but the manager, Mr J. M. Wood, saw the cheque, and took it back, telling Mrs Bennett to let the man present it himself. She accordingly returned the cheque, and advised Little to cash it himself when the bank was open. He put the cheque in his pocket-book without reply. He seemed in no hurry to cash it, and half-an-hour after the bank was open Mr Wood went over and had an interview with the prisoner, who appears to have met his kind solicitude with considerable coolness. " I hear you have a cheque that you want cashed," said the manager. "I have," replied Mr Little. "The bank is open now, 'continued Mr Wood. " If you want the money you can come over with mo, and bring your cheque with you." " J don't think I will, just now," was the unsatisfactory reply. Information having been given to the police, another visitor shortly after wards presented himself, in the shape of Sergeant Farmer. The prisoner was reclining on a sofa when the officer was announced. '* I believe you have a cheque," said the guardian of the peace. " Yes," was the laconic answer. " I should like to see it,'' blandly suggested the Sergeant. Prisoner handed it over, and his visitor retired with it. ,Mr Little sprung from his couch and followed. " I say—what do want with that cheque?" " There is something doubtful about it," explained Sergeant Farmer. " They will pay it at the batik, at any rate," said tho owner of the document. " Let's go over and try," was the answer. But the event did not justify the statement. Mr Wood declined to pay it—in fact, believed it to be a for cry. He had telegraphed to Neal and Close about it, and as soon as he received a reply he would let them know, " You'll let me have £2 on it, at any rate, in the meantime?" inquired the prisoner, but was met with a firm though polite refusal. On receipt of the expected " rt 'pW prisoner was formally taken into custody, cautioned, and locked up. From the evidence of Mr Neal, it appealed that the cheque—a manifest forgery—was drawn on a bank with which the firm had no account—a circumstance with which Mr Wood also was acquainted, and which helped to convince him that tho cheque was forged. It also appeared that the prisoner had transactions with Neal and Close, and so lately as the 12th November had received a cheque from them in advance for work to be performed. He made no defence, and was committed for trial at the next criminal sittings of the Supreme Court.