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Poverty Bay Standard, Volume X, Issue 1022, 12 January 1882, Page 2

A judgment, important to the owners of sheep in this district, was given by the Resident Magistrate on Tuesday last, in the case of Wirihana v Evans, ! and as being indicative of the custom 1 prevailing in this district, in the matter I of sheep farmers and their employees at shearing-time, it should act as a fair precedent for the future, and prevent hereafter needless litigation in the face of what may be looked upon as a custom firmly established. In the case in point Mr Evans of Te Arai was sued by one Wirihana for shearing 1,024 sheep. The plaintiff was one of several others who were engaged by Mr Evans, Mr Johnson’s manager, to shear the flock on Te Arai station. In the middle of the work Wirihana was required to leave the shearing-shed for the purpose of assisting Mr Balneavis in a certain survey. Before going with the surveyor the plaintiff provided a substitute, who shore four hundred odd sheep. On settling up Mr Evans only paid the substitute for the sheep actually shorn by him, refusing to pay for those shorn by his predecessor. The defence set up was that, according to the custom of the place, the plaintiff was not entitled to be paid for the sheep clipped by him, having broken his contract. Messrs. Poynter, Sunderland, Clark, and Meldrum bore testimony as to the practice of the place. Such being the case, his Worship gave judgment for defendant. A similar action to this was brought before Mr Kenrick, R.M., with the like result.