S.M. COURT.

Manawatu Herald, Volume XXIX, Issue 3742, 15 January 1907, Page 3

S.M. COURT.

[Before Mr Thompson, S.M.) MONDAY.

The following civil cases were dealt with, judgment for plaintiff in each case :■ —

Osborne and Baker v. W. Rauhihi, claim £6 12s, costs £1 10s 6d ; Commissioner of Taxes v. C. and H. Mardon, claim £9 19s. costs £1 ns; C. Rouse v. O. Hamensen, claim L 4 4d> costs Li: A. R. Osborne v. F. Dunn, claim Lu 18s, costs 30s 6d; W. Wright v. K. D. Webb, claim Li 2s, costs 5s ; A. R. Osborne v. Samuel Cook, claim L 7 4* 6d, an( ) ordered to pay forthwith or 7 days imprisonment. In the defended case G. 1. Woodroofe (Mr Reade) claimed L 8 4s 6d from C. A. Wallace (Mr Moore) for cows supplied. Defendant counter-claitued L 3 7 s rod. From the evidence submitted it appeared that plaintiff refused to take back a cow which defendant had kept on trial for rather a lengthy period. Several witnesses were called in support of the fact that the cow was a poor one. In giving judgment the Magistrate said defendant had kept the cow an unreasonable time and plaintiff must succeed, costs Li 16s. In the counter claim defendant was awarded judgment for L 3 7s iod and costs Li 13s, each side to pay their own witnesses expenses. J. Knox (Mr Reade) v. G. Brewer (Mr Moore), claim £1 Bs, balance of wages at the rate of 9s per day. Plaintiff had been paid 8s -per day and alleged that defendant had promised to erect a house for hitmA This he had not done, hence he claimed the extra shilling per day in lieu thereof. The Magistrate held that plaintiff had been provided with accommodation and gave judgment for defendant with costs 1 os. Smith v. Gray.

Wm. Smith v. Geo Gray (Mr Reade) claim £4 4s, balance of wages due. Defendant paid into Court 17s gd, amount due after deducting £1 tor week’s sickness, Dr Mandl £1 is, chemist 5s 3d, also repudiated 3 days charged by plaintiff he having been dismissed for misconduct. Smith conducted his own case and stated that he was only ill one day. Didn’t send for a doctor. Objected to being called a rouseabout. Had had two beers that day. Defendant saw him having a drink in another pub and got the cows himself. When he went back to defendant the latter told him to milk those cows and get to out of this.

Mr Gray said he employed Smith out of charity at £1 per week. He was very ill for a week and Mrs Gray nursed-him. He was allowed one or two drinks a day but wanted more. Dismissed Smith owing to drunkenness and called Constable Wood’s attention to Smith’s state. Smith: “ No, no, how can you stand there and tell it like that. When you employed me you asked me how many pints of beer I wanted a day.” The magistrate here called Smith to order.

Constable Woods stated that Smith was under the influence of IrqndTbut not drunk. The Magistrate held defendant.entitled to deduct above charges except the week’s wages and allowed plaintiff £1 in addition to amount paid into court.