The Wairarapa Daily. MONDAY, FEBRUARY 10, 1879.

Wairarapa Daily Times, Volume 2, Issue 81, 10 February 1879, Page 2

The Wairarapa Daily. MONDAY, FEBRUARY 10, 1879.

The trial of cases by a jury of four is a novelty in the Wairarapa recently introduced with the District Court, and it is to a certain extent interesting to observe how this method of deciding actions at law answers, A case heard by Judge Maitsford last week, Kibblewhite v Hill, gave the public a fair opportunity of judging the advantage of appealing to a small jury of this class, The Court, in summing up the case, intimated to the jury that all they had to do was to determine whether a verbal contract between the plaintiff and defendant foul been carried out.. His Honor indicated pretty decidedly at least one point in which tho contract had noc been fulfilled—viz,, an undertalcing on the part of the plaintiff to construct a coach for the defendant which could turn on its own ground. There was no attempt on the part of the plaintiff to assert that the vehicle made could so turn—on the contrary, the counsel on that side argued that it was preposterous to expect any vehicle of a large calibre to perform such a miracle. On this point His Honor ruled that, though it might be impossible, if the plaintiff on taking the order accepted such a condition he was bound by it. It was pretty clear, therefore, from the legal point of view that the, defendant could claim a verdict, and had the decision rested with the Judge we feel pretty certain that he would have got one. The jury, however, found for the plaintiff, not for the amount olaimed, £175, but for the sum i)f £130; Though from a legal point of view such a decision could not, we consider, be sustained, it was not, as regarded equity, very far astray! It was a sort of rough-and-ready adjustment of a dispute between the two parties, in which the loss on the transaction was-pretty equally 'divided. The plaintiff had constructed a special vehicle to a special order, which he could not well dispose of to any other party, and it was no doubt luird that it should be thrown on his hands because he had unwisely acceded to a condition which practically he was unable to fulfil. The Jury relieved him of the vehicle, but mulcted him a sum of. £is in his charges, possibly for the want of care lie had displayed in taking the order. The defendant had .had a big coach built pretty much in accordance with his own plan and suggestion, and it was not unreasonable that he should have to assume the proprietorship of the "white elephant" lie had called into existence. At the same time, as it did not answer his requirements, it was a reasonable thing that the jury should let him take it over at a low price. As far as the equity of the case went the verdict was a very sensible one, but as far as the law was concerned it would hardly hold water, The only harm we see in the result is that our lawyers will possibly be a little doubtful of the course juries will take in future cases. It is pretty evident country jurors prefer equity to law, and our solicitors will have to rely on the former rather than on the latter locus standi in their causes.

We understand that tile Bank of New Zealand has notified to the Borough Council of Masterton that it must reduce its overdraft within legal limits,

The Secretary of tlieMasterton Hospital acknowledges the receipt of £2 10s from Mr J, Valentine Smith in aid of providing increased accommodation in the building as soon as possible.

To-morrow evening there will be a Service at the Presbyterian Church Masterton after which the Rev J. W. Paterson, will lecture on his travels in France, Germany, Switzerland, and North Italy. Messrs lorns and Fergusson's sale of Messrs Kibblewhite|s furniture and effects was a great success on Saturday last, At an early hour a coach was flying about decorated with a large and attractive banner, picking up buyers and conveying them to the scene of action on the Upper Plain, and continued running at regular intervals during the day. At 11 o'clock tho auctioneer commenced operations, the crowd collected at this time being in fact too numerous for the. room to accommodate. The furniture and effects of Mr Kibblewhite, sen., were first disposed of, and good prices realised. At 1 o'clock an adjournment was made for lunch, which was held at the house of Mr J. Kibblewhite, close by; and. after partaking of the good things set forth, the furniture, etc., were all put through, after which the farm implementz were all sold at very satisfactory prices, including a splendid buggy, carts, otc, Amongst the live stock were some good rams, which ran up to £ls each; cows fetched from Si to £l2; horses, up to £l6; pigs ranged high; pens of lambs brought 5s each; ewes, 6s; wethers, 7s 3d; At the conclusion 'of the sale some building allotments of- quarter acre each attached to the homestead; were submitted, bringing £3O an allotment; house and land, £190.. Mr Norris'waa the principal land purchaser, The re-, mainiiig allotments were withdrawn, On the whole the sale was highly satisfactory, .being the largest ever held on the Upper Plain , tho total results being nearly £BOO.

On Thursday noxt tho first day of .tho Wairarapa Races, tho Wairarapa Daily, will rwt Ic published. Mr Mqffilt/ Surgeon-dentist, , will be in Masterton to-day, and may be. consulted at Mr Mason's establishment. ■ The nomination for the vacant .seat for the Groytowii Riding of Wairarapa West takes place to-morrow at the Moroa School House, - "This evening: the Rev Mr -Coffey, as a representative of the Diocesan Church oxtension fund meets the members of St . Luke 3 Church at Greytown, It is notified that copies of the Masterton Borough by-laws may be had on application. The ordinary monthly meeting of the Maaterton School Committee will be held to-morrow afternoon at 3 p.m., in the Borough Council Chambers. The funeral of the late Mr Merridew of Kuripuni was largely attended yesterday by brethren of the local Odd Fellows Lodge of which the deceased was a member. The meeting of the Masterton Hospital. Committee, fel through on Saturday last, for want of a quorum. "Tho only members present were Messrs D. McGregor and J, Payton. Dr Hosking and Mr Smart were also in attendance. It was rather unfortunate that several members of tho Committee including Messrs Bennett, lorns, Girdlestone, and Yile, were engaged out of Masterton on that afternoon, and therefore could not bo present. A meeting of the House Committee will be convened for Wednesday next at 3 p.m. when it is hoped that there, will bo a full attendance, as a great many matters require immediate attention in connection witli the Hospital. Five dogs have been in the Masterton pound for the past two days, we presume they will soon be put out of their misery, One or two of them look, like 1 valuable animals. A good Samaritan was observed yesterday to give one a drink through the grating by means of a 'Bottle of water. Parties residing in the neighboring houses say the 'night howls' from the poun'd are delightful. The entries for the Ram Fair to be held at Carterton on' February 20th have closed anda very satisfactory.numberof Lincolns, Cotswold, Romneys, and Merinos have been entered the only class unrepresented being Liecesteiv : About 300 ! Rams : and 50. ewes have been entered but a much larger number of Rams will probably be yarded for sale, as in some instances the formal entry will simply, be a .draft from a mob.

On Saturday last an old man named George EHiott was charged before Mr A, W. lienall J.P., at the Masterton Court House with petty larceny. Mr C, Wilton Storekeeper Kuripuni deposed that oil ' Thursday. last he heard a noise in his Shop ; and looking in saw prisoner on tho counter with his right handbill the till, Mr Wilton seized prisoner by the arm took 2s out of his hand and tnrned;him oufc of tho shop. The identity of the prisoner was further proved by two boys who had seen him on the occasion referred'to outside Mr Wilton's shop. The prisoner made no defence and was sentenced by the Court to 28 days imprisonment. In our last issue a correspondent pointed but that by a warrant, being 'delayed a week in the KM., office, a man who had found a valueless Cheque and was suspected of other offences had time to "clear at his lieaure. and the enda .of .justice, wero defeated bythe very persons whowere paid to promote them., There arb two' clerks employedattheßM. office at Featherston and not ono stationed at Masterton; We recommend anyone who desire to pass valueless Cheques to select Masterton as his sphere of operation as from! the', inaquacy of legal machinery he can do so with comparative impunity,