MAGISTRATE’S COURT.

Manawatu Herald, Volume XXXIII, Issue 999, 1 June 1911, Page 3

MAGISTRATE’S COURT.

The monthly sitting of the Magistrate’s Court was held before Mr A. D. Thomson S.M., yesterday. FOUND ON LICENSED PREMISES. Frederick Yauko was charged with being found without lawful excuse on licensed premises on Good Friday. The first charge referred to the Post Office Hotel and the second to the Manawatu Hotel. Defendant pleaded guilty and was convicted ou each charge and fined ios with ys costs on the first charge and 20s and costs 7s on the second. UNDEFENDED CIVIL CASES. Judgment for plaintiffs was entered up in the following undefended cases :—Dr. Adams v. W. Sexton, claim £ 2, costs 17s ; same v. H. C. Cochran, 10s 6d, costs 23s 6d ; E. E. Snow v. R. Baker, £2 5s 3d, costs 10s ; same v. S. Wright, £1 13s fid, costs 5s ; same v. E. Gardner, 15s fid, costs 15s; C. H. Collins v. A. E. Watson, £8 os 3d, costs ios; same v. R. Taylor, ,£5 os Bd, costs 13s; G. T. Woodroofe v. S. Wright, £2 12s. costs ios ; same v. F. Walls, £3 3s qd, costs ios ; A. R. Osborne v. J. Sullivan, ,£3 ss, costs 19s; —Berry v. E. McCarthy, 16s fid, costs 5s ; G. T. Woodroofe v. W. Anderson, £4 12S lod, costs 13s ;R. N. Speirs v. P. J. Hopkins, £2 ns fid, costs ios ; O’Brien v. W. Ho wan, £7 18s fid, costs 23s fid; W. Nye v. W. C. Howan, ,£1 14s, costs 6s ; A. Bauckham v. W. C. Howan, 9s, costs fis ; same v. A. Watson, £1 7s, costs 7s ; Easton and Co. v. C. Lennox, £l6 3s 3d, costs 30s fid ; and same v. A, Small, £8 19s 2d, costs 23s fid. DEFENDED CASES. Easton and Co. proceeded against Chas. Lennox to recover the sum of £22, being £l7 value of horse and £3 damages. Evidence was given by Sidney Easton to the effect that he arranged with defendant to break the horse in for which he was to receive three months free use of the animal and further that at the end of that period he had the right of purchasing it at £l7. At the end of the three months Lennox was unable to pay the £l7 and witness told him that he could still continue working the horse, but that he would not sell it to him. Some time later Lennox sold the animal for £32. The Magistrate entered up judgment for £lB, being £l7 for horse and £1 damages and costs £2 fis. O. F. Cook sued E. P. Reay for the sum of £6, made up of wages ,£4 ios and hire of horse £1 ios. His evidence was to the effect that he was employed by Mrs Reay as driver and slaughterman at £2 15s per week. Subsequently he left the cart and arranged with Mrs Reay to do the killing for 30s per week. He worked for two weeks and was then dismissed without notice. When he was driving Mrs Reay’s butchery cart he used his own horse for which Mrs Reay agreed to pay hire, but no definite arrangement as to price was made. He used the horse for 10 days for which he claimed 30s. This he considered, was a fair charge, as he was paying for the horse’s feed.

To Mr Moore : He understood that £2 15s was the award rate. He denied that he offered to use his own horse for the purpose of exercising him. He said that his wages for driving were not £2 10s per week and ss'for use of horse, but the wage ot £2 15s was irrespective of horse hire. Leonard A. Howe gave evidence to the effect that he heard Mrs Reay arrange with plaintiff to do the killing and drive the cart for £2 10s per week, an additional 5s per week was to be allowed plaintiff for the use of his horse. Some time later witness heard Cook tell Mrs Reay that he was sick of the cart and asked het to get someone else. He said he would continue to do the killing until she could make other arrangements, but no price for the work was agreed upon. On several occasions Mrs Reay sent witness to tell Cook to come up and make arrangements as to remuneration for killing, but Cook never came. He asked witness if he thought 30s per week was too much to ask. At the very outside during the time Cook was killing no more than three beasts, 20 sheep, one pig were slaughtered. George Thos. Woodroofe gave evidence as to the award rates tor general hands and also lor slaughterers. b or the defence Mr Moore called K. P. Reay, who stated that Cook was employed by her to drive the cart and do the killing for £2 10s per week. He was also to receive 5s per week for the use of his horse. When he left the cart he continued to do the killing, but no price was arranged. During the time he was doing the killing alone he slaughtered 13 sheep, two beasts and one pig. Geo. Reay gave evidence as to the rates as laid down by the slaughtermen’s award. The Magistrate said on the evidence he could not allow the claim for horse hire and also that the claim for killing was too much. He entered up judgment for £1 xos with costs 6s. JUDGMENT SUMMONS. In the judgment summons, Stevens, Kastou and Austin v. Arthur Reeve, a claim for £$ is yd, the judgment debtor was examined by plaintiff’s solicitor, Mr Moore, and after hearing his evidence the Magistrate refused to make an order.