AKAROA PRESIDENT MAGISTRATE'S COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume 2, Issue 113, 17 August 1877, Page 2

AKAROA PRESIDENT MAGISTRATE'S COURT.

-Tuesday, August 14, 1877. (Before Justin Aylmer, Esq., R.M.,) Civil Cases.

T. brough and LECOMPTE V. 3. LINES. . This was a claim for £14 9s 6d balance of account, for breaking 211 yds 7ft of metal at 4s per yard, 61 loads at 6d per load, and 12 hours work at Is per hour. Mr. Inwood appeared for the plaintiffs.: T. Brough, exarriiried "by Mr. Inwood, deposed: Did work for Lines. The contract was for breaking metal at 4s per yard on

the Littlo River Road. We broke 211 yds 7ft or 9ft. Lines took delivery, and carted metal away in his own carts. He made no, objection to the quality,of the BtyftV\afethatime. It was spread on the.joad alt but ■' 41yds, 4ft which he agrees to pay for on the ground. He iirst objected to, tlieinetWj after having received a letter from the Clerk to the Road Board- about the 30th July, this was after metal had been spread sometime. ~We got the third instalment of account on the 30th July. Tlie loading was done at Gd per load, Gl loads in all. We worked also 12 hours at Is per hour at Line's request. By defendant: You did not agree that work should be done, to satisfaction of the Clerk to the Road Board or that metal should be 2£ inch, though that is the usual size. .No specification was mentioned.. You merely engaged us to break the metal at 4s per yard. I knew the usual conditions ; we broke the best metal acccoFding to the locality. Nothing was said about the , cierk. " .;;";:"; T. Lecompte, examined by Mr. Inwood, deposed : Brough took "the contract for both of us. I drew six pounds on the contract' in conjunction, with Brough. We broke 211 yds 9ft,, all of which was taken away by Lines except 41 yards, Ift. He made no objection, though passing by three times a day t until he received notice from tbe Road Board... He offered to pay for the 41yds Ift* -He made no objection, and I mentioned-'nothing about its being done to ! the of the Clerk to the Road -Board. We reeived £29 or thereabouts ' and goods on accounts .••■--■ V .*! By defendant: You made no agreement about work being done to 7 satisfaction of the Clerk. You must have known I was in the contract with Brough. By the Bench : Barwick measured . the metal. Lines Was not there at the time, and nothing was said on that occasion. This concluded the case for the plaintiff. Edward Clarkson deposed: I was working" for Mr. Lines.. When he engaged me to brfak metal, he said it was to he2£in metal, and to the satisfaction of the Clerk to the Boad Board. By Mr.' Inwood : I know nothing of the arrangement with Brough. J. Lines said he had given the men instructions that the metal was to b« 2£in. metal, and that the work was to be done to the satisfaction of the Clerk to the Road Board. By the Bench: I do not dispute the items of the account. J. Barwick, Clerk to the Akaroa and Wainui Road Board, deposed': 'He had measured Brough and Le Compte's metal, and bad passed part - of it. He wished to explain that when he took over the clerkship from Mr. Adams, he was new to the work. He had gone out to examine the metal, had got off his horse and: measuredit, but had not trenched into it". * The matter subsequently turned up in the Road Board meeting, when he received more definite instructions, and on re-examining nietal, and trenching into it, found it was full of debris and mullock. He then re- ; fused to pass it unless contractor put 18 yards instead of 15 yards in accordance with the Board's instruction. By Mr. Inwood : More men than the plaintiffs were working on the roadl Did not know where it came from, or from whose heap. It was spread before any objection was made. J. Lines, examined by the Bench, said : Only the contract 15 yards was on the road as,yet Mr. Inwood, in reviewing the case, said : The point was, that delivery had been taken before objection had been made. The men should have been informed of the objection beforehand. It was not until the Road Board found fault that Lines had objected. The Bench considered it was too late to object after the metal had been delivered and spread on the road. It should have been measured and passed in the heap. •Judgment would be given for amount claimed arid costs, £1 Gs. 4d. V. O'REILLY V. W. ARCHER AND TRIGG. This was a claim for £17 15s for work done, and material supplied. The defendant pleaded not indebted for the whole amount. P. O'Reilly deposed that tlie account had been running on for twelve months within a few days. He had done the work for the defendants. Had never received any money whatever. ■ '1 ";' \ W. Arcber objected to several items of the account as excessive, and brought evidence in support of bis objection. The Bench gave judgment for the plaintiff for £17 2s Gd and costs, being the balance of account Tendered less the value of a rack, which had not been delivered ;to defendant.