MAGISTERIAL.

Taihape Daily Times, Volume 7, Issue 80, 3 December 1914, Page 5

MAGISTERIAL.

The following cases were brought up before His Worship Mr. W. R. Haselden, S.M., yesterday after the paper had gone to press.

MACKAY V. DAILY TIMES

C. A. Mackay (Messrs. Hussey and Ongley) sued the Taihape Daily Times Co. (Messrs Arrcwsmith and Loughnan) for salary in lieu of three month's notice en the grounds cf wrongful dismissal. Counsel for the defence made formal application for an adjournment on the grounds that a material witness was not available.

His Worship considered that the defendants had not shown sufficient energy in securing the witness, after argument the adjournment was granted till Thursday week: Plaintiff was allowed costs £2/2/-.

DISPUTED ACREAGE

Anderson and Flintoff sued H. D. Bennett (Mr. Loughnan) for some £l3, balance cf wages for bushfelling. The material matter in dispute was the area felled. Following a dispute between employer and employees the latter obtained an unlicensed surveyor whose figures showed 40ac lrcJ. The defendant obtained the help of a practical man, the figures in this case working out at 37ac 7rd. This led to further disagreement. Evidence for the claimants was to the effect that the measurements had been made with a standardised tape (produced) and compas hay a reliable man. Defendant no't accept the figures and would not agree to obtaining a licensed surveyor to settle the dispute. Defendant in the box said he had net been prepared to accost the plaintiff's figures. He had offered to compromise but they had refused. Crossexamined he stated that the measurements had been made with an ordinary tape, unstandardised. No other instruments had been used. He had slight experience of plaintiffs' surveyor's work and had found it satisfactory.

The parties were given further opportunity to settle the dispute between themselves, but this proved futile.

His Worship, in summing up, said lie would have to decide the ease on the evidence submitted as the parties had refused to compromise. ■ He had decided that the figures compiled by plaintiffs' surveyor must be accepted. There was no evidence depreciating his figures. Judgment would-be for plaintiffs for full amount and costs.