MAGISTRATE’S COURT.

Hauraki Plains Gazette, Volume XXXIII, Issue 4445, 26 July 1922, Page 2

MAGISTRATE’S COURT.

♦- ’■;? ■ - ■ Sit MONDAY, JULY 2L (Before Mr. J. H. Salmon, SM) . CLAIM FOR WAGES. A case of an unusual nature was,, heard at the Court on Monday, whentwo wages men working or a con-, tractor sued the owner' for wages. The plaintiffs were P. Hutchinson and J. Douglas, who claimed £65. and defendant R. Phillips, owner of sawmill at Komata. Mr. Clendon appeared for the plaintiffs and Mr. J. L. Hanna/or the defendant. In opening tjie case Mr. Clendon said that the defendant let a contract to T. G. Douglas and John’ Leather to get logs out of the bush at 4s 6d per? hundred. The work concluded on April 8, and a lien was lodged on May 6. The wages came first, and it was the duty by law of the contractor to keep money in hand for 30’ days. Philip Hutchinson; employed by? Douglas and Leather, gave evidence of his claim and stated that they left off work in the bush op April 8. He and his mates then went over and got some logs out of Weston’s bush- fov< the Tnames Chop, the logs being sent to Thames on April 13. To Mr. Hanna: Witness denied that he went for the blocks on April 3. They were flour or fivei.days getting the legs, and he was sure it was net seven days. They had finished at the . bush when they started op the He could not say what day they went* for the blocks, but thought it was on a Mondiy. There were seven working on the blocks. To Mr. Clendon : The timber they were claiming for was cut at Komata. Tom Douglas kept the time-book. Joseph Douglas,'bushman, employed by Douglas and Leather, said he started on February 20 and finished on April 7.. The balance due to him was £33 10s. He was crOss-cutting on timber that went to defendant’s They started to get logs on Monday, April 10, for the Thames chop and sent them by train on the following Thursday. They worked in the bus'i up to April 7. They were working 'n the bush on April ,3. As a rough estimate they would cut 3000 to 4000 fee; a day. To Mr. Clendon: Witness said he ooiild not say for sure that they would average 3000' feet a day. He swore that he worked on the days claimed for. Thomas Gavin Douglas said that he and John Leather took a contract from Phillips for getting-timber out of the bush. It was after the men finished in the bush that they got the logs "or Thames. The terms of contract were 4s 6d per hundred at the mill. The work started on February 1 and finished on April 8., They knocked off because they could not make a do of.it; Wages were Owing to others besides those claiming. Wit; nes.s produced a statement from Phillips showing that he was indebted to Phillips for £57. HeJhad not givciil any order to Phillips ..to pay out on his behalf. All. the wages men were owed some wages. He received the statement anil .cheque on, March He got. orders from Phillips for stores. He entered up the., time-book each day and the total ’at the- end of- the moat]' They were four days in getting loss out for the .Thames sports. They had finished at Komata when they went to Hubbard’s to cut pin«'S. He had no idea how' much timber was got out.., He was Satisfied with the figures supplied by Phillips. To Mr. Clendoit: Phillips gave an order to them to get goods. Phillips did not submit, any accounts to him before he paid them. He told Phillips that the wages men were going to be pretested. No arrangement was node as to how much, timber was to be suvp.ied. Tills was the case for the plaintiffs. Robert Phillips, sawmiller, Paeroa, said that at the time of the, claim he had the sawmill at Komata. Tire men ceased getting logs on March 29. He and 'his foreman were at Hubbard’s on March 30 and 31. The bullocks were no' worked since March 29. On. Ap'il '3 and 4 he was getting piles out oL Weston's bush and the plaintiffs were then getting logs for Thames.. T l ne chop at Thames was On April I's. The statement given to Douglas and Leather was made out about eight to ten days after the men had ceased work. There were no men about at the time they measured the last ’ot of- logs. He gave orders for them to get goods from Evans, Brocket and Shand and Sorensen. According to the time put in by the men the average output would not be more than 500 f eet per man per day. The men, in bis opinion, could not have put in the time stated. To Mr Clendon : He swore positively that, the time put in was not correct. He gave instances of wet days and days that he had.seen the men in the camp. He produced h's logbook, showing the measurement ot the timber. The last log was delivered on April 2. He was not aware that the Act prescribed that he should'hold a quarter of the contract money for 31 days. The statement was made up on April 8. To the Magistrate: The’bullocks were crippled and too poor to. workC. A. Stembridge, foreman for Phillips, sworn, said that Douglas and party finished up on March 29. He fixed the time because lhe was fuelling trees at Hubbard’s on March 30 and 31, and it was the day prior to that w.hen the party had finished. He was working at. Hubbard’s for two days, and was there again on April 13. The weather was fairly wet in March, and we had two floods. He went to the mill every day at Komata. He was present when Douglas said to Phillips that he had finished. No logs came in after March 29. He did nOt know when Douglas and Leather left Komata. He knew Tom Douglas was there after March 29, wfhen .be gathered up the bullock gear. . . This ended the evidence, and the magistrate reserved his decision until Wednesday.