MAGISTERIAL.

Patea Mail, Volume VIII, Issue 1036, 18 May 1883, Page 2

MAGISTERIAL.

PATEA—THIS DAY. (Before C. A. Wray, Esq., R.M.) CIVIL CASES. Knott v Taplin,—Mr Barton applied for an adjournment in this case for a week, which was granted. Horner v Williams Bros.—Mr Hamerton appeared for plaintiff, and asked that the case might be adjourned for a week, as plaintiff would be unable to get back until to-morrow. Horner v II Dixon. —Adjournment for week granted. Horne it v Sparkbs. —Case adjourned, Sykes v Dickson. —Mr Hamerton for plaintiff, Mr Barton for defendant. This was an action brought to recover for detention of contract. In the month of November last defendant advertised for tenders for work on Manawapou. Sykes’ tender was accepted, but the materials were totally inadequate for the work. J. Sykes, the plaintiff, said : I am a carpenter. I have been bridge contracting for some years. In month of November last I saw. advertisement in the M»iZ signed by Mr Dickson calling tenders for certain works. After inspecting the plans I put in a tender. That is the tender (produced). I saw the original plans and specifications. Those arc the ones (produced). I worked under the Government plans. Mr Dickson accepted my tender verbally. My tender was dated the 16 th. I proceeded to the works on the 20th of November. Mr Dickson had to find me plant, Mr Dickson found me no blocks. I built a frame for the “ monkey,” The monkey wasun fit for use being too light. It had not the power to drive in the piles. I had to sink holes in consequence of the “monkey” being unfit for driving. Mr Dickson never provided scaffolding. [On referring to the specification it was found that there was no reference to scaffolding] There was no timber on the contract for a month after I took it over. I first wrote to Mr Dickson asking him for timber about (he 14th December. I did not make a start until the 18th December. I went out 3 or 4 times to sec if material was there, but there was none. I was stopped again after six days for want of piles. On Jan. 4 one pile came. That pile was driven and the' men were idle till the 9th. It would lake about two hours to drive the pile. The men on the work were Malony, Dennis, and Murphy. Soon after one of the men left. I have had other men on the work at different times. On the 10th January Mr Dickson said as there was nothing to do on -the contract I might put in a culvert for him which I did. When this was done there was nothing to do on the contract. About “this time Mr Dickson went to Hawera to get a heavier “monkey,” but when he came back he said he could not get one. On the 12th I ran short of ironwork. When I commenced to excavate I had to alter the piles by cutting their points off. On the 16th I got word to excavate and put in sills instead of driving the piles. After a discussion between Counsel witness proceeded to again give his evidence as follows : On the 18th of November I went on to the work. I was absolutely idle from the 18th of November to Dec 18, I have,charged at the rate of L2 a week for that time —4 weeks and 2 days. That is for myself alone. On the 18th of December I worked 5 hours, also worked 5 hours on the 19th. Malony and Dennis weie idle. They were getting Is an hour. On the 20th the whole three of us were idle for 3 hours. On the 28th we were 3 hours idle, on the 30th we worked 7 hours, and on the 6th January we worked 4 hours. _ Mr Barton : I submit your Worship that it would greatly assist if this list had been made up beforehand. leant make anything out of it. Witness continued : On the ll|h of January we were kept wailing for a

heavier monkey. On the 15th we were kept idle three hours and half for want of iron. On the 24th we worked only two hours, through, want of the “monkey.” On the 3rd of February we were kept idle for five hours, waiting for instructions. On the 6th we lost two hours, waiting for timber and ironwork. On the Bth we did not work at all, till the 23rd, Mr Dixon promised he would send more timber during that time. I informed Mr Dixon from time to time that T was stopped from want of timber. When the work was done, I went to Mr Dickson for a settlement, and ho gave me a sum on account, promising me the balance in a week’s time; When I went to him again, ho said he had lost by the job ; and he wished to make out I was over-paid. When the contract was progressing Mr Dickson promised to allow me for lost time. Witness was cross-examined at some length, and the Court adjourned till 2.