A GOVERNESS’S CASE

Gisborne Times, Volume XXV, Issue 2094, 31 May 1907, Page 3

A GOVERNESS’S CASE

PROVISIONS OF THE TRUCK ACT.

A claim for £7 11s, for goods, was the subject of a civil action between William Morris and Myra Keys, at the. Magistrate’s Court -yesterday morning. Mr. Bright appcivrud for plaintiff, and Mr. Geo. Lysnar for defendant. Mr. Bright, in opening the case for plaintiif, said that defendant was for a time engaged as governess for plaintiff’s daughters. William Morris stated that all char-

ges in his account woro owing by defendant, and she was given all the credit sho was entitled to. Defendant ordered the goods and plaintiff paid for them. By Mr. Lysnar: Had no receipt for aiu entry ol : £1 for potatoes, etc., on 17th March, 1904. The money was given her on account of wages. Defendant was to receive 12s per week and sho was to have her mother with her. The arrangement was not £3O a year. After throe weeks Miss Keys and her mother shifted to a cottage, and 2s 6d was to be paid for rent. They wore to supply themselves with provisions. When asked if ho did not think it a fair thing to allow her food, etc., witness replied, “An agreement is an agreement.” Mr. Lysnar asked that plaintiff he non-suited because some of the items were delivered on account of wages. Wages should bo paid in cash. His Worship said that the goods wore not supplied in lion of wages, but defendant asked to get tho goods and Hid so, making himself responsible. Mr. Lysnar said it amounted to tho same thing if a person was asked to procure the goods. Such an act was against tho spirit of the Truck Act. Mr. Bright said that, all tho money had been paid to defondant or was paid at her request.

His Honor decided that ho could lot non-suit.

Witness, recalled, stated that a cheque for £9 odd, received by defendant, did not include the previous month’s salary. Witness was entitled to half that cheque. Sho received £o per child from the Education Board. There wore 8 children. Something should have come out of the cheque for her salary. That deduction should have been £1 Is. not £3 •3s. Mr. Lysnar said it was most unreasonable that Morris should have half of his client’s capitation. It should have been reduced by bor sallry. Thus Morris would he entitled L o £3 at most instead of £4 10s. He contended that defendant, had been hardly used and asked that plaintiff be non-suited, or if judgment wore given, only for a small amount. He requested His Worship to use his disiretion in using the equity and good conscience clause.

Mr. Bright said there had been am)le time for defendant; to instruct her mlicitor, and lie asked for judgment for the amount, less deductions. His Worship concurred with Mr. Bright, and allowed judgment for the iniount claimed, less 10s overcharge for rent, 10s for meals, and £1 Is for salary, thus giving £5 10s. Costh amounting to £2 10s 8d were allowed.

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