RESIDENT MAGISTRATE’S COURT.—GISBORNE.

Poverty Bay Standard, Volume X, Issue 1105, 25 July 1882, Page 2

RESIDENT MAGISTRATE’S COURT.—GISBORNE.

Tuesday, 25th July. [Before M. Price, Esq., R.MJ HABTIB V. 0. D. DERBY. Claim £3 2s fid, balance of account for work done, Mr Kenny appeared for the defendant. R. Hustle stated that he and Augusta Miller made an agreement with Mi’ Berry to work at the wreck of the Isabella for Is 6d an hour. He did not sav anything about whether working at the wreck only or not. He only said he would give us Is 6d per day and find us. By Mr Kenny: Mr Russell asked me to go to the wreck to work, and Miller and I agreed to work for Is fid per hour. Mr Berry did nob say he would give us Is Cd an hour if working at the wreck only. Wo got five beds. He told us to go to (lie Ferfy Hotel

as he had forgotten the tarpaulin for the tent. There were other tarpaulins up there, but they were too small, and we could net have made a tent out of them. I have worked for Mr Berry before for Is per hour. By the Bench : We claimed 2s 6d because we considered the work harder. We were in town on the Bth, 10th, and 11th insts. Ou the 14th we were at the wreck, not actually working, but looking at the things there. Auguste Miller sworn, deposed : I was working with Hastie. Mr Berry said he would give us Is fid per hour, and would send out a tent for us to sleep in, but did nut do so. Cross-examined by Mr Kenny : I said to Mr Berry I wanted Is 6d an hour, and Mr Berry said he would give it to me. Mr Berry promised us board and lodging also. C. D. Berry sworn, deposed : I am a contractor. I had the contract for launching the Isabella. I had an agreement with Miller and Hastie. After laying out anchors and ropes I went on board with the men. After some time Miller and Hasty came up to me and asked what I would give them to work. I agreed with them for Is 6d per hour and food. I agreed also with another man at the same time. I am satisfied to pay them that amount while they were actually working at the wreck. I explained that to them. They spoke about a tent, and a few days afterwards I sent one out. I think I have been charged with five beds and one meal.

Cross-examined by Hasty : I don’t remember saying anything to you when going ashore in the boat about accommodation. I don’t think it likely I did. The Captain and Russell were close by when I made the agreement. W. Russell, deposed : I acted as clerk for Mr Berry at the wreck of the Isabella. I was close to Mr Berry when the agreement between himself and plaintiffs was made, but I did not hear what passed. The plaintiffs were only employed three days actually on the wreck. The remainder of the time they were working in town making Californian pumps, &c. They were working for Berry though not at the wreck. The work account is not strictly correct.

Cross-examined by plaintiff : Mr Berry ordered you into town to make the pumps, and I sent you on the second occasion. Captain MacDonald deposed: I was not present when the wages agreement was made between plaintiffs and defendant. I did not hear what passed between them. His Worship said the case was as clear as ABC. The agreement cannot be got over. The men swear that Is 6d per hour was the agreement, which Mr Berry qualifies by a stipulation for actual work at the wreck. The verdict as regards wages must be adverse to defendant. Then we come to the board and bed. This is unsatisfactory. It seems to be one of those agreements which are io loosely made as to leave it open to question by plaintiffs, and taking the weight of evidence the general verdict must bo for plaintiffs with costs of Court, 7s. MILLER V. BERRY. Mr Kenny for plaintiff. This was a credit claim (in which only items were disputed) for &4 3a. W. Clayton : I am a clerk for Mr Berry. I made a payment to Miller of £2 10s on Berry’s account. Mr Kenny said judgment would be accepted for plaintiff with costs of Court. Verdict accordingly. Costs 7s. BROMLEY V, TATTAPUNIA. No appearance of plaintiff, therefore the case was dismissed with costs. EAST V. E. O’MEARA. Claim £5O 19s 7d on a judgment summons. Mr Kenny for the plaintiff. In this case the defendant did not appear, but His Worship said ho should like to hear what the plaintiff had to say before giving judgment. Jas. East stated that he had several times before demanded the money, and had not received anything from defendant. That he had spoken to him several times, and he had admitted having received some £lOO for work which he had done, but had paid it all away for other various items. Also that he had promised to pay part of it on completion of some surveying work then in hand, but up till now had never done so.

His Worship said the defendant not appearing, the amount should have to be paid in a fortnight from this day. by the Bth August, or in default six weeks’ imprisonment. Carden v. Berry. Claim £lOO Ils. Mr Fraser for the plaintiff, and Mr Kenny for the defendant. In this case the claim was reduced to £lOO to bring it within the jurisdiction of the Court. The original amount of the debt sued for was for some £3OO, but the credits were in dispute. After hearing argument by Mr Kenny and the authorities quoted in support, Mr Frazer agreed to accept a nonsuit. Kennedy and Bennett v. Egan. Claim, £2 18s. Mr Kenny appeared for the plaintiff. No appearance of the defendant. Judgment for plaintiff for amount claimed with costs. McKay v. R. Cooper. No appearance of either party. Case dismissed. Police v. Wm. Tarr. Prisoner was charged with being drunk in a public place at Ormond, to wit on 22nd July. Prisoner pleaded guilty, and was fined 10s and costs, or in default 24 hours.