Resident Magistrate's Court Foxton.

Manawatu Herald, Volume II, Issue II, 17 December 1889, Page 3

Resident Magistrate's Court Foxton.

(Boforo H. W, Brabant Esq.,B.M, Friday, 18th December. Directly the R. M. took his se . : Mr Jellicoe asked what arrange meats had besn made to take th.< Criminal business of the cour*. He 'asked that s nothing should b« done. " The R.M. said tint he came foi the civil business The Justices would take the criminal business. Be said he was especially responsible for the civil work but not the criminal work. He believed there were two justices here if they would .ait. „ • Mr Jellicoe said he would represent tho matter to tha Minister of Justice. . : The R.M said the profession was somewhat to blame, as thffcasss that were called' in November were adjourned at the request oi the counsel engaged. , . Mr Morrab. said he did rot see why the bu-iness of the court should be altered for counsel's convenience. The E.M. said he had come to settle the civil 'business, and if no jus. ices could be got, he would sit tomorrow. . McKee v. Jack & Co. fidjoivned from last court day. -Edward Dochorty being sworn paid—^l was in charge of the paddocks under McKee, they we:e numbered. The paddock nearest mill, before McKoo' was discharged was turned twice. I know, because I catered it in a book (produced), which I «sed..as a guide when to turn the flax. ' T.ii.e • flax was finished spreading on 'the. 19th. Sept., turuod on the 24th Sept., and on Ist 0> tobei-. ,1. saw Thorpe every day. There would be about 8 tons in tho paddock. Itwbiild t»ke 4 days to go through, the .mill V...H- Thorpe swore and said he saw all 'that flax go through the stripper and washed hemustihaVe stayed there' 4 days It is nottpo^si'ble for a man to stand at thfinill "and see 'flax carted to the paddocks. ''" The flax was in good condition for winter weather, when McKee left. Graham said he had to stop the mill to got MeKee huntod out of the mill. Gr.iham said the flax was black and turning rotten. Odd hanlrs were black, which \rould be in any paddock. This is customary wherever water lodges' in. the paddock 9. There would not be half a bale. Rotten flax goes clean through the scutcher. The flax turned out in first class condition. The grass was v^ry long ; in spring time the grass would show through the flax in a couple of days. Graham offered me the whole work Me Kee had; When Graham stopped McKee the paddocks were not full. There was room for 2 or 3 daj-s stripping, in paddock next Thorpe's house. During the time the mill was stopped I saw Thorpe driving his cows across No 4 padd' ck. AH diligence was used to g t tho flax in. Tho fibre shed was in the same condition when McKee knocked off as when he started after the fire. Tin less men wor* overtime at the scutcher it is impossible to keep iip with the strippers. The sheds would* not be emptied without making extra hours. There are 2 stacks of flax in the paddock at the mill now. Walden's have also 2 stacks. Graham offered me the work a week before McKee was turned off. Cross examined by Mr Skerrett— I was employed by McKee by the day. It was my work that is complained of. Waldea's have had green flaxunspread 4 days. There, wore more black hanks in No 1 paddock. The grass had grown up in No 1.. I have never heard any one saying the flax was spoiling. When Graham interfered we were just going to turn No 1 padd ck. Be-examined by Mr Baker —There is an embankment round tho mill, and one staying by the wash could not see oyef. If Thorpe, who is a little man, stood by the wash, he could only see the upper ond of No 4 paddock. Graham's hands left some'of the fibre hanked iip 4 days. I had sufficient Jhands for tho work if ' Graham had not touched it. The flax that was black in the paddock bleached whte. Alfred Button being sworn said— Ihavobeenon and off flaxmilling for 20 years; I s/;w the flax ton days befoi^ MoKee left ; the flax was not very well stripped, the scutching was done very well. I did no: notice any "black flax in the paddock ;. I dp ; nol consider the flrtx was properly washed at that mill It was- impossiblb tc mako a first class sa-nple. fey. the waj the flax was stripped find washed Average two" men would not keej scutching up vrijbb:. the. strippers . ] work oyetitne .^ith ]tho. KQutchew and sp'CAO^T^e'n^^t.isiusua to allow'bveriime for scutching. Ii ordinary weather^ flax could ;be lef 4 or 5 dayß in ! the paddock,; % rwpuif not turn it if it watf xainiog. ; . '. shouldftot stop.thimillif ;my shed were fuil, but stack the flax. 1 hay seen the > rbales, McKees' 'work? wi very good. I think 5 men'Wbiftrb'

y 4 rcasonabio number of mou Ir employ. 1 do not know iJ! Mclvi I hncl 5. We allow men to scutch ar > 1 time tii ey lik'o. o j fto csaraiiled by Skovrott— ■ M ;' j inspection wns purely casual. Idi '" j inko notice r-f the.paddocks. Isa fibre of a dark colour in the shedi I have allowed our hanks to lio days in the paddocks. It would h " improper to leave the hanks as lon as a -week unsprcad. Two me v working a scutdier could pu ' through 28 tons per month. If th average production was 14 tons tw men should be abe to put it through One man would put through 15 tons In spring time we turn flax of tone than in summer. In three week should turn the flax 4 times. If tin gr^ss'Was long it would be througl the flax. I do not know of ani miller, who top dressed their bales Ec examined by Mr Baker—Die not consider the washer had ehougl water I had some flax discolourec by the weather at this period.' H envy Andrews being sworn said I have had 16 years' experience, h flaxmilling. Bad washing would discolour flax and also plenty of rain, I had a lot go dark about tlie same time; McKee is a good balei^ I have had flax out at the same time 10 weeks, owing to bad weather and my paddocking is done by wages not contract. The grass will grow np through it even if turnod often. I have 4 scutchers and 3 strippers, and strippers are getting ahoad, though scutchers are working an hour or two overtime. Flax machines are the right term as strippers are machines for making bauds. Tho turning is entirely dependant on ;he weather. I always leave my flax a weolt in fine weather beforo turning. Walden's had bad flax the same timo as I had and was til', lately on tho wires. One mon sent some black fibre'home .and it fetched as g"od a price as the Avhito. There was nothing ngainst McKeo's fkx except the. washing. I have not stopped the. mill Tor want of paddocking room. Last ' winter I had over,2oo acres for 4 .machines, and they \YQi<i nearly full. For a 2 st-ipper mill,'they should 'have. supplied 50 acres, 26 acres is not enough for 1 stripper. My mill was not stopped at ?sny time. • < ross examined by Mr;Skerrett—lproduce 48 tons of fibre from the 4 stripper mills." No 2 stripper, mill can be miming, turning out 14 tons. I.h>ye seen false dressed ba'es, 1 can tell when a bale is falsely packed-, lie. examined by Mr Baker - These bales had not false .tops and bottoms. It means extra labour to make them up. . It is the paddockers duty to keo/> the grass down. Thorn')sLind being sworn aaid-^ We usually turn flax from the 7rh lo tho 9fch day, and aft r another. 9 days it is usually picked up or turned again. Tlio pci'.lsoekiug should be left to the discretion of the miller. My flax is spreal immeliately it is out. ..'..'. • Cross examined by Mr Skerrett —l spread my flax at once, and wou i d not like to risk spreading it. Re- examined .by Mr Bakfr —l Bhonldnot hiak the hanks would be hurt if out for three days. Patrick Mangan being sworn said —I was working in October in Jack's mill I remember Graham putting hands out to .get the flax in- I did not see any rotten flax, it may have been discoloured, and arose from want of turning over. Washing may have had something 1 to ;do with it. It would take 6 days for grass to grow through it. MclOe did tho best baling that cumc to Foxton. Mr Skerrett assorted pLuntiff must be nonsuited on two grounds, Ist that

c has not established a, contrac , and 2nd that the contract is not with the defendants Jaclc. There is no evidence that tho parties acted on the contract (as per letters), as previously they worn acting aa employed and employee. If McKee had assented to extra, propo'Sftls, defendants would have been bound. Th 9 con i *act does not purport to be mado on behalf of Jack & Co, McKee having proposed to Stewart, and he accepted. Mr Baker replied that it appeared . that Mr Skerrett had asked tho Bench to rule against the moat ordinary principle of law ; Mr Stewart had said that McKee w?8 at work merely on trial, and had afterwards told him to make it an offer and to put it in writing. He asserted that there was a clear offer and a subsequent aooeptouce of that offer. In regard to the second objection, he quoted authorities, and and asserted that Jack and Go's liability remained by agency, even if partnership was disputed. It did not matter if plaintiff had sued too many or too few. The B.M. aaid that with respect to the first point, he was of opinion that the letters themselves establishes the contract, and McKee had persued it knowing the tqrms had been altered. On tho second point he would have liked time to have considered it, but as the parties are from a distance, and counsel agreed, he decided as plaintiff had put in letters as his contract, he must hold that the words meant that the contract was with Mr Stewart, and not with Jack &Co. Mr Stewart was called and asked what he had to say against judgment being recorded against him. Mr Stewart stated that he was in an awkward position, but did not object to judgemont being given against the partners, or against him for his share. The Court accepted this as an objection and recorded a nonsuit in the case of a-1 tho defendants in tho suit. Costs wee as fo'lows|: — Court costs, 21s; witnesses, £6 6s; counsel's fee, £3 3s Mr Bakei mentioned his intention to appeal. Frank James v. Eparaftna and others— Claim £6 16s 8(1. Mr Kay for plaintiff. Caso, by request, was adjourned to tho Btl* January. William Barker v. Butler and Davison— Claim £5 19. No appearance of either parties ; case struck out. Kori Rangihenua v. Frank James — Claim £1 15s sd. Mr Baker for plaintiff, Mr Ray for defendant. Case adjourned to Bth January. T. Clune v. H. Barber— Claim £11 13s lid. Mr Baker for plaintiff, Mr Ray for defendant. This was a claim for making a new drain and clearing out old ones. It was urged that the contract had not been properly performed. Judgment was given for £9 6s Bd, Court oosts £2 lls, solicitors fee £1 Is, and witnesKea £3 7«. The Court then commenced the hearing of the arson case, and adjourned about 11 p.m. U'l.noxt «\ay.

Satchday, 14th December.

THE AKSOS CABE. Mihipeka Tfit&na appeared on liov b-.il and the case was gone into. Mi- Ray appeared to prosecute, and Mr Baker to defend. The whole evidence disclosed a dispute ftmong3t the Natives to a title of land, and that a whare had been burnt to establish a right. The R.M. committed her for trial, huj allowed bail, the accused in £20, and two flurcties in £20 each, which wore iinmdiciiatcly forthcoming. Amos Burr v. William Coley, larceny of ft canoe. Mr Gould for prosecutor, Mr Ray for defendnnt. '1 hi.-, oas? ?ra3 partly heard and thon af: ouvned to natuvdn.y.