DISTRICT NEWS

Pukekohe & Waiuku Times, Volume 5, Issue 155, 14 March 1916, Page 3

DISTRICT NEWS

MAUKU.

PARTNERS OR SHAREMILKERS? MAGISTRATES' DECISION At the Pukekohe Magistrate's Court on Friday, before Mr E fage, S.M., the further hearing took place of the action in which George Forbes, junr., farmer, of Mauku, asked tfce Court to compel T H Somerville, aleu a Mauku farmer, to tile accounts of a partnership that hs (Forbes) alleged existed between them for some three years prior to its cessation last Ju-e Mr C 0 Mahony represented Forbrs, and Mr J G Baddow appeared tor the defendant By permission of the Magistrate the action was amended, Counsel airanning that the claim should be for £7, alleged to be due as a portion of profit bonuses, while as a set-off defendant claimed £lO said to be due for plaintiff grazing hortes oa defendant's property Plaintiff depoatd that after agreeing to accept a partnership with defendant to toilk cows on his (defendant's) farm ha proceeded to carry out his contract. He was refused a written agreement on although defendant had definitely promised to let him have one. It was, however, verbally agreed that be should share equally in all monies that accrued from tbe farm, but be was never given ary payment in lespect of profit bonu?. It was cot until tha first milKing season bed elapsed that he enquired if d fendant was receiving such a bonus. At the time he denied it and said that he got six per cent on bis shares. Plaintiff's brothe-, who had informed him that there was such a thing as a profit tonus and that he was entitled \j a portion of it, was present and said "That's all rot," adding that every shareholder of the New Zealand Dairy Association received it. Accounts were made up twice, but on neither occasion did he see an account lor profit bonus. He paid halt cust of tbe seed, manures ard labour used on tbe farm, and of several bulls that were purchased. An agieement that he should not keep a horse on tbe farm was cancelled at the end of tbe lecotd season, and it was agreed that he could keep a horse that would woik on the farm, which he did. Defendant lived at Otabuhu for the first but for tbe remainder ot the period he lived at Patumahoe, a few miles from the farm. He (plaintiff) had charge of everything on the farm. In addition to corroborating his brother's evidence regarding the horse and deftdannt's denial in connection with the profit tonu?, Albert Forbes, farmer, of Mauku, Btated that he was a shareholder in the New Zealand Dairy Association, and was paid a profit bsnus Herhert Manson, farm manager, Mauku, spoke to receiving a share ot the profit bonus in addition to hifl wages on the farm in which be was concerned. He gave an instance where while working as a share-milker be received one-tbird of all the bonus cheques, ard in another district two-fiftts of everything producsd on the farm Called by Mr Hsddow, Mr Greenaway, farmer, sjid that he hßd never divided thi profit bonus with a share milker Defendant submitted that tbe arrangement made between plaintiff aid himself wss for an equal share of the factory cheques and the supply bonus. At the end of the first season, when making up the accounts, he asked plaintiff if be considered he was entitled to a portion cf the profit bonus, and be replied in the negative, also stating that as he had r.o shares in tfce Association he was not entitled tojt Mr Mahony contended that the profit bonus iesulted from what was produced on the farm Continuing, defendant said that tbe profit bonus was included in the accounts made up at tbe end ot the second season, and although it was not mentioned it was tbere for plaintiff to see. The accounts were not made up the third season because plaintiff had left before the usual making-up time arrived. It was arrauged at the outset that plaintiff was not to keep a horse on the farm, but nine months later found a horse grazing thereor, and from that on two and sometimes three. He never objected to them until near the latter end of the contract period, when he found they eating the "tucker" and an agreement was arrived at whereby plaintiff was to keep one horse and it bad to work on the farm. Plaintiff's horse grazed in the good paddock with the cows. - By Mr Mahony: Plaintiff was to dc all the work on the farm At this jtage the case was ad journed to the following daySaturday—in Auckland, when Mi II E Pacey, manager of the New Zealand Dairy Association, deposed to the effect that when the profit o: the season had been ascertained the practice was to declare the dividend and the balance was distributee amongst the shareholders at so mucl per pound on the butter-fat supplied His Worship said tbe bonus ii question was called a quantit; bonus, caculated by the quantity o: butter-fat supplied, and paid onlj

to shareholders according to the numbers of shares held. the agreement between the plaintiff and defendant was to share equally the returns from the farm.. If the matter stoo3 alone without any ijubsequent variatioc the Court would have awarded the plaintiff Jll3 share oi' the bonus, but at the end oi the reason the plaintiff niade no claim for hie share ot the quantity bonus, nor did he make ar.y uiaiin at the end of the second year. Some eight months after be had withdrawn from the partnership, and apparently after a conversation with his brother, the plaintiff claimed his share. His Worship held, however, that not having claimed, the bonus before he had forfeited his right. With regard to the counter-claim Mr Page held that it waß in a similar j,<-!t ,r n. Under the contract Fortes -■• H no *' • f "T oct; on dei'cndf.flw pr«-j>c»»w IXf< &dar.' new cbat tt.» r-rfes weiw K.i.g but made no objection, .jr.*! therchv msu forfeite d his rij/V-.t. .!ticlfc' w.i'- ";ivtn for the defep<j ait on' thf mjLir; anft f-.-t the plaiuiiil on the counter na ir. Each party was ordered to pay his own costs ... *

SCHOOL CLOSING FAVOURED A special meeting of the Mauku School Committee waa he 1J last (Monday) evening to consider the advisability of closing the school. The following members were present: Messrs A Franklin, chairman, Bell, Uillon, Cutfield and M Crispe Mr Franklin explained that be had called the meeting in response to re quests made by parents, lhere appeared to be a good deal of sickness round the district and although there were no cased calling for alarm he thought it would be wise to take precautionary methods. He did not see much good in waiting till there was an outbreak of infantile paralysis and then closing. It would be better to have the school closed before such occurred. Mr Franklin pointed out also that the assistant teacher, Miss Kenny, had been ordered to the Helensville springs for a fortnight, and although another assistant, Miss Howard, had been sent as relieving teacher, the headmaster, Mr Gutry, had been very far from well. A report had gained circulation that one child had been down with iofantila paralysis, but this was found to be incorrect. However, it had caused parents to keep their cbilrden away, and he thought the closing of the school would certainly do no barm Mr Bell was not of opinion that closing would do any good, and he thought the children were just as liable to an attack at home as at school Messrs Cutfield and Ciispe expressed the opinjn that itwould be in the test interests of the school aud of scholars to close the school for a time After tome discussion the following resolution was adopted, on the motion of Mr Crispe, seconded by Mr Cutfield, to be forwarded to the Board ot Education, viz. "That on account ot the sickness prevalent in the district and the number of ihildren that are being kept away from school the committee are of opinion that it is advisable that (be school b3 closed till such time as better conditions prevail." It was resolved that the school tanks Bhould have immediate attention, and should be thoroughly cleaned and disinfected. It waa mentioned that probably a lot of the minor complaints at schools were caused through inferior water, and members were ot opimon that a plentiful supply cl pure water would be a great benefit in summer months

i PAPAKURA. i

PAPAKURA ATHLETIC CLUb Tbe Papakura Athletic Club held its anooal meeting on Thursday last, Mr E S Cole presiding Mr Cole was re-elected president and treasurer, acd Mr L J Mills secretary, and a vote of thanks was passed to the outgoing committee It was agrted that the following members nf the previous years' committee who art on active service should be re-elscted to the cummittee ard tbeir namis be placed on a Roll ot Honour, viz:—Messrs R Mack, L Smith and H Collinge The secretary's financial statement and annual report was co~sidtrfd to he very satisfactory. It Btated that the Club bed a credit bala-ce of £l3 15s Id, last years' sport* having resulted in a profit of £5 9s 7d, despite t' e increased prize money awarded (£ls). The entries were good and the record attendance could be somewhat accounted for by the inclusion of the Highland dancing events It waß ununimouslv resolved to again hold tha sports on Easter Monday Tbe Wairoa Road Board are about to put in hand the levelling of Hewlin's Line road, in front of Mr Scbiska's property It is understood that a good deal of dissension prevails amongst the members of the Papakura Recruiting Committee in regard to methods to be employed in working out the Government's scheme. Some members favour a personal canvass, but others contend that a circular letter pasted to "eligibles" in the Town Board area would suffice. It is further claimei that as the majority cf "eligibles" are just outside the Town Board area tha Franklin County Council are responsible for their enlistment instead of the local committee, which is by tar closer at hand. The matter of dealing with those who ignore the lettei is also a subject on which the committee apparently do not agree. Some consider that their names should be forwarded to the Minister of Defence, while others hold that a better result would accrue if they were either approached bv ladies appointed by the Committee or by a returned soldier 'lhe Primo Minister, the Right Hon W F Massey, has definitely notified the Meihodist Sunday School Committee that be will officiate at the laying ot the foundation stone of the new Sunday School Hall, on Tuesday of next week, the 21sl inst. Further evidence of the gooc fishing to be had in tbe bay adjoining Graham's beach can be gaugec from the fact that twenty-tw< fisherman who set out in a launch from Papakura during the week-enc averaged a catch of fourteen fish each

PATUMAHOE

OPENING PATUMAHOE POST OFFICE A NO THE PREMIER'S VISIT TO THE EDITOK. Sir, Some misunderstanding seems to exist re the meeting held in the Patumahoe Hall on the sth inst. in connection with the above, notwithstanding the very lucid report of the proceedings that appeared in the "Times." Jn order that all such misunderstandina should be cleared up I wish to explain: A ' public meeting was not called by j advertisement owing to the shortness of time; to render the advertisement of the meeting effective quite a week's notice would be necessary, and ; any committee then set up would not have had sufficient time to arrange for the proceedings on the _oth inst. As a speedier means ot netting up a committee I notified representative residents of Mauku, Waiau and Patumahoe verbally and by letter as the occasion offered, bot'Yegret the response did not come up" expectations. A representative cteoiKUq ol," gome

25 wa*, howev r, appointed, due consideration burg given 10 every part of ihe district, and the secretary was instructed to write all such members as were not present. From thoso present a working committee was appoint d to arrange and carry out a suitable programme in connection with the po.'t office opening ceremony, and the entertainment of the Prime Minister and his party. The committee feel that the people ot the district will be unanimous in providing a fitting reception to the Premier and those accompanying him on the occa.ion ot his visit and will not allow any locil influences to stand in the way of usual recognition alforded to a gentleman occupying the important and responsible position ot Premier ot the Dominion, and to us none the has interesting position of member for Franklin.--! am, etc., JOSEPH HENKY, Chairman Arrangement Committee Intimation has now been received from the Prime Minister, the Right Hon W F Maseey, that he will visit Patumahoe on Monday afternoon next to perform the opening ceremony in connection with the new poet office. The ceremony is timed for three o'clock, and in the evening Mr Maasey is to be entertained at a banquet. *1 he cdoperation of residents of the surrounding districts is invited in order that the Prime Minister ehould be given a fitting reception

TUAKAU SOUTH.

Business is very brisk on the river now, activity in tbe flax industry being accountable for ot what is doing. A steady trade is tlso being kept up with Aka Aka and OtHua by the All-British fleet. The river i 3 very shallow, though it is not as low as it has been in other, yeirs, but there seems more sand in it than usual. So far the groynes that the River Board have put in have not hed the rcouring effect that was anticipated In some places oris can walk dry shod alongside them, the sar.d having piled up above tha water level A serious accident was narrowly averted here on Tburslay night 1-st. A native motor launch was leaving the landing with a load of passengers about 8 p.m., and as one of them was filling the bfnzine tank someone phced a naked light near by, with the result that there was an immediate outbreak of lire, 'lhe tin of benzine waa dropped and it spilt over the boat, which iinmediattly became envelope! in flames. The passengers had to jump overboard into deep water to avoid being burn'. Luckily they could all swim, and managed to scrabmle ashore wet and frightened. One young man was burnt on the arms and reck, but not very severely. The fire was eventually got under by Bmothsiing it with flour. The boat was Ecorcbed and damaged, but can be made serviceable again. Tbe local School Committee are arranging a working-bee to erect a new fence at tbe school. By doing go ths money can be made to go much further and more improvements can be put m hand than if effected by paid labour

WAERENGA.

After continuous dehya the WaN puna bridge is rearing completion. A few day 3 more should see the men packing up their tools preparatory to handing the bridge over to the Road Board. It is anticipated that the Board will arrange some form of an opening ceremony. The structure is the tiret ferro-concrtte bridge erected under tbe jurisdiction of the Board. The collection ot outstanding rates will as far as possible be ciriea out by tha clerk to tha Road Board before the end of tha financial year on tbe 31st Inst., tbe aim of the Board being to avoid the necessity of entering on litigation to recover amounts already overdue The unfortunate position ot the district being without a grave-digger was commented on bv members of tbe Road Board at the meeting on Saturday last. The chairman mentioned that on one occasion he spent two days trying to s cure a sexton The decision arrived at by the Road Board to have several of the bridges on the Main road repaired will be received as very satisfactory news by thoss who have cccasion to use tbem when driving in the district That it is not permissable to de duct a contra account from monies due for rates was ascertained by a member of the Road Board at Saturday's meeting, He had wisely, ea he thought, in forwarding a cheque for his rates deducted therefrom the price oi a line of chalf he had sold to the Board. The clerk's intimation to him that be would bave to make good tbe sum he had deducted created no little merriment

WAIROA SOUTH.

The Wairoa South school picnic, which is oiganired and controlled by a committe of ladies, passed off successfully under favourable weather conditions on Saturday last. The gathering was held on Mr Andrew Dow'a property, ana some 200 people arrived on the ground in vehicles or on horseback. The usual prize giving formed a part of the day's proceedings, every child heing presented with a prizj by thv ttev L Jacobson. on behalf of the committe,;. Master Arthur Munro was the recipient of a special prize presented bv Mr Ed White for good conduct. The children were delighted with the outing, and it gave an extra pleasure to the parents to see them keenly contesting the various games that thev participated in. The committee are deserving of the very best thanks ot the district for the able administration of a tunctnn ! that is becoming the mojt popular ! annual event in the district

TUAKAU.

The Pißhop ol Auckland is to visit Toakau next Saturday and alter a service at St John's Chutch at 2.:>0 p.m., a reception will be held in the Public Hall The most recent recruits from Tuakuu are Messrs Herbert Lee and William Lee, who were,; iiu t y dworn in on Saturday i,n Auckland; to go into camp with the batch of Reinforcements

MOUMOUKAI.

A smoke concert was hell h:re on Wednesday, the Bth ins*, to farewell Trooper J Murtagb, who has been home on final leave. There was a large attendance and the usual toasts and speeches were given. During the evening the chairman, Mr J P Mc 'all, on bebhlf of the settlers, presented Trooper Murtagh with a pipe. Songs were contributed by Messrs Bowyer?, Keaney Bros, Lilburne, Pearson and Williams, whilst selections on Mr J St Paul's gramaphore helped to make the evening a success.

OKAERIA,

The unsatisfactory state of Taylor's road bridge at Okaena, which caught lire recently, was made the subject of a discussion at the Whangamarino Koad board meeting on Saturday, and Mr Sampson, who reported the matter, and the engineer were deputed to have it repaired.

PUNI.

Tbe death from infantile paralysis occurred on Sunday, at the Auckland Hospital, ot Winifred Mary, the infant daughter of Mr and Mrs Ernest Henry, oi Puci. Great sympathy la extended to the bereaved parents in their sad and sudden loss <»

MERCER.

The Mercer Town Board is to hold its usual monthly meeting to-night-Tuesday