Resident Magistrate's Court, Foxton.

Manawatu Herald, 14 January 1893, Page 2

Resident Magistrate's Court, Foxton.

(Before H. W. Brabant Esq, B.M);

Thursday, 12th Jan.

CIVIIi CASKS.

"* Judgment was given by default forjplaintiffin the following case : — <H> P. Forster v. G. S. C> Bourke — Claim £2 2s 2d. Judgment for g& 2s 2d and costs 6s.

Henry Dixon v. Dudson Bros. — Claim £1 7s 6d.

Mr Bay for plaintiff. Henry Dixon deposed— He was engaged as driver at 25s a week, and as mill was working overtime he was told be .would be paid for any overtime ; he started work on 16th Dec. at driving the fibre cars ; worked 7 days ; on 23rd a«ked for a squaring up | it was refused as defendant said he always kept a week's wages back ; however he afte-wards said he would give 25s aud keep the one day and overtime back ; there were 12 hours clue but defendant said there were only 8 hours ; commenced work on 3rd January (Tuesday), and gave notica to leave next day, having been offerred job in Palmerston ; worked up to Saturday to 8.30; as the horse was being taken out the de: fendant told him to get the fibre in ; he refused unless he was paid overtime ; defendant refused to do *o ; the carting would have taken 2£ hours more ; defendant then told plaintiff to leave ; plaintiff refused unless he got a cheque ; started work again on Monday ; defendant said " I thought I told yon to knock off, plaintiff saidv" I thought I said 1 wanted my cheque ;" detendant then said " You can work to dinner time and then 1 will pay you ;" worked I hour on 17th Dec, 2 hours on Sunday and booked it as Monday, 8 hours on night of the fire, 20th, 2 hours on Wednesday, 2 hours on Thursday, 3 hours on Friday ; 27s 6d is still due.

Cross-examined by Defendant — F. Dudson sent plaintiff to fire in flaxswamp ; did not know if he had authority to do so ; went away at Christmas without a3king ; had a few good 3at the mill, (admitted items to 6s 8d ) ; knocked off on Saturday as he was tir.ed and thought he had done sufficient; did not know if there was fibre in the paddock ; did not know if it would be damaged if it got wet ; did ask defendant to fight on Monday. By the RM. — Did not consider if paid overtime was bound to work overtime unless he pleased. Defendant called. Frank Dudson, who deposed — Dixon left off at 3.30 on Saturday and there were 2 loads of fibre in the paddock hanked up which would have got wet had it rained ; a man named O'Brien brought it in ; it was Dixon's work ; been paying men at mill tenpence an hour ; the mill worked overtime the week before Christmas 5£ hours ; fibre carting was not too much for one man ; Dixon took sack chaff on his own account without leave, for his bunk. By R.M. — Usual thiner is to fetch all fibre in on Saturday night or to put it in a stack ; plaintiff started on Saturday at 7 a.m. and knocked off at 3.80. Rule was that carters had overtime when mill worked over ci me. ■Robert Austin deposed — T hat fibre left nut and got wet might mean a serious loss to a miller ; had never piid any overtime to his cartprs ; one man had done all wo id and fibre parting for a one stripper mill for him for a year.

James Dudson deposed -He engaged Dixon for 25s a week and told him he would get overtime for the hours the mill worked overtime. On Saturday when Dixon knocked ofl he put account on the office table ; on Monday dismissed him for refusing to do his work ; have never paid carters more overtime than the mill works ; never told Dixon that the mill was not going to work overtime after Christmas ; the fire in th 3 flaK was not his loss as it was only paid for at the mill.

By Mr Rxy — Would mfc swear that he had not promised to pay plaintiff for working at the fire ; did receive notice ' on Wednesday (4th January) that plaintiff would leave ; ! plaintiff did say that he would get fibre in if he was paid overtime ; did aay he would not pay him overtime ; plaintiff said he would not work after ! mill hours without being paid for it. ' By R M. — Some of the men got paid for working at the fire ; tenpence an hour has been paid over- ' time to all men oxcept the engine driver and boys ; all the men who get overtime get it for the time the '

mill works overtime and not other 3 wise ; paid last carter, the overtime a according to the mill hours.

'i he B. M. said the main dispute was whether the plaintiff would get paid overtime for the time he worked, or only during the time the mill ran ; he took plaintiff's evidence as correct that he would be paid for actual overtime work he did do ; the defendant had not produced his books which must be another reason why plaintiff should recover; the plaintiff was entitled to be paid for time worked at fire it having been admitted that others who worked had been so paid ; the overtime must be reduced to lOd an hour and credit given for goods admitted having been received. Judgement for plaintiff for amount of claim, less 8s 8d costs Bs.

Walter Wood v. L. A. Langley — Claim £6 lls 2d.

Defendant admitted being in debt Bs. '

Walter Wood, labourer,' residing at Campbell town, deposed,- he sued for services at the Supreme Court at Wellington in June last; first-, at* tended Foxton Court, ought to have got 255, only received lls ; next attended Supreme Court Wellington, was 7 days away and claimed 49s ; the train fare was sent with the subpoena (80s) ; the single ticket was 12s 4d making 28s 8d both ways, coach fare os each way ; trap hire 12s to get home on >-unday. By Defendant— Received 40s from Mr Baker in Wellington, 80s with subpoena, lls in Foxton ; he charged 2 days wages and tram fare when seeking settlement. L. A. Langley deposed — The plaintiff was ' emp'oyed ' by him as a witness in a case ; he attended 1 day in Foxton for which he paid him lls ; Woads was again ' employed ' by defendant at Supreme Court, and he received £2 which with subpoena made £4 Is in all ; according to scale of charges which Mr Baker had told him, he was in Wood's debt 8s ; by the scale Wood's expenses in Wellington would be 70s ; he was able also to recover 17s for his " days work " in Foxton.

The R.M said the amount due for attending JFoxton was 'Hi Od ; going to Wellington 7 days at 6s 7 nights at 4s, altogether £3 10s, there are two fares £1 4s 8d ; coach fare 5 ; trap hire 12s ; total expenses are £6 8s lid and the amount, received has been £1 Is. For the balance the judgement was given £2 7s lid with costs I 6s. £ John Burr v W. R. Howe ClaimrJi £8. Mr Ray for plaintiff The defendant admitted having had the canoe in charge for Amos Burr ; he would very much' like to give it up. Mr Howe said -he wonld give it up on this action, to John Burr. Judgement was made accordingly with each party to pay their own costs.