RESIDENT MAGISTRATE'S COURT. (Before H. A. Stratford, Esq., R.M.,) Friday, October 22, 1886.

Te Aroha News, Volume IV, Issue 175, 23 October 1886, Page 2

RESIDENT MAGISTRATE'S COURT. (Before H. A. Stratford, Esq., R.M.,) Friday, October 22, 1886.

CIVIL CASES. Ward and Hethrington v. Ferguson (adjourned case) : Claim £82 for work done and breach of contract. It will be remombered that this case was thethiid timeadjournedlasfcCourtday on application of plaintiff's solicitor, Mr McGregor Hay, in order that Hethrington, one of the plaintiffs (who was absent in Waikato), might be in attendance, or his evidence taken at Hamilton. On last Court clay Ward gave his evidence on oath, stating that Ferguson had enteied into a contract with them to cut 500 tons of firewood at 2s 6d per ton, and shortly afterwards stopped the work, thereby breaking the contract. When the case was called on yesterday, the plaintiff Ward seemed placed in an awkward predicament, as he stated his lawyer had not come to proceed with the case, and he had no further evidence to give. His Worship said : He thought the defendant had been unfairly treated by plaintiff, having consented already to several adjournments, and now plaintiff had neither his lawyer or witnesses to go on with the case. Plaintiff remarked it was not his fault he was in that position, but in the absence of his lawyer to proceed with the case, he would of course have to consider it closed. For the defence the following witnesses gave evidence, on oath, viz. : A. Jamieson, whos tated he would not pass, or take the biggest part of the firewood cut by plaintiffs. It ranged from 4 feet to G feet long, whilst the recognised length for firewood was 4 feet. It would be impossible to measure the wood correctly as stacked. The total quantity of wood he took away for defendant was 8 truck loads, equal to 24 tons, and this had to be picked out of the heaps cut. A good deal of the firewood cut was rotten. As far as he could judge from what he saw, there might be some 20 to 30 tons left cut and stacked on the side of the hill. David Young and Jas. Forsman also gave corroborative evidence, the latter stating that a good many limbs were left on the wood, and some of the pieces were more than'one man could lift. Peter Ferguson (sworn) : About the middle of May plaintiffs came to me stating they had heard I wanted some firewood cut and would be glad of the job. They stated they were accustomed to cut firewood in other districts. I took and showed them where and how it was to be cut and stacked. They said they would cut 500 tons to my satisfaction at 2s per ton, and this I promised to give them payment to depend on how they shaped to do the work. A few days after they started lo work they said 2s would not pay, and and asked me to try and get 2s 6d for them, which I did, it was about the 24th of May I promised this. They asked me shortly after to look at what they had cut, I pointed out what would do, and showed what would not suit. The custom of -the place is that 3 tons go to a truck: The arrangement was that the tramway men would keep tally, and no mention was made of measurement at the stump, in fact I would not hear of such a proposal. "In July, as they were not proceeding with the work, I told them I would have to call for tenders, aJnd could not wait about for them any longer, I did call for tendeis, and let a contract to Sorenson and another at 5s 6d per ton, the wood to be in 4ft lengths and split ; and any quantity required to be cut from 100 to 500 tons. The first 100 tons was io cost 5s Gd per ton, the price being raised to 6s 6d afterwards. I never discharged plaintiff's or said anything to that effect ; but continually told them the wood would not do. The new contract was accepted towards the enc} of July. In delivering judgment, His Worship stated that he did not think the plaintiffs had been fairly dealt with by defendant. From his own statements, having

since agreed to pay men 5s Gd and 6s 6d per ton for cutting wood the plaintiffs could, only have obtained a mere 'scraping' at the work, paid at the rate of ( 2s Gd per ton. If dissatisfied with the manner in which the work was being done, he should have paid them for what they had done and discharged them, instead of keeping them hanging about. Plaintiff had sued for 150 tons at 2s Gd, and their statement that they had cub that quantity had not heen disproved. Judgment for £18 15s with costs attending the present hearing £2 less £6 4s allowed defendantby previous adjournments made on application of plaintiffs. Piako County Council v. Joy : Claim £3 8s 9d due for rates. Adjourned at the written request of the County Clerk (defendant paying costs of adjournment), till Nov. 19th at 4 p.m.