R. M. COURT.

Te Aroha News, Volume XIV, Issue 2128, 16 July 1898, Page 2

R. M. COURT.

(Before R. S. Bush, Esq., Warden.)

Residence Site —Robert Mackie applied for section 9, block 22, as a residence site. His Worship declined to grant this, as applicant’s family already held various sections. —On Mr Gilchrist pointing out that applicant wished the section in order to use the water running through it for dairy purposes, His Worship agreed to reserve the water.

Pr itec tion.— The following partial and absolute protections were granted : lui Gold Mines, Ltd., 4 men for 4 months; It. Doveil, Te Aroha Special Claim, 2 men for 4 months; Jas. Mills Cadman S.O , 4 months ; P Snevvin, Loyalty Palace, 4 months; Montezuma G.M. Co., Ruakaka L.H., 2 months ; R. Burke, Welcome L H., 2 months ; Thos. Gavin, Great Western SC., 4months; HaurakiDevelopment Syndicate, machine site, 6 months.

Trimway.— The Montezuma G.M. Co. were granted the tramway applied for at last Court, subject to an agreement with the native owners of the land. A. T. W. Allan v. Montezuma G.M. Co. This was a plaint for recovery o® £l4B for work done on Plutus S.C., belonging to Montezuma Co. Mr Mueller appeared for the plaintiff, and Mr Bruce (Basley and Bruce) for the defendant company. On or about 2nd May Rev Campbell, Managing Director, asked plaintiff to break down some quartz. Ho definite agreement was made, and defendant agreed on plan of work suggested by plaintiff. During continuation of Work Mr Campbell frequently visited the job, ani never denied his liability for *work going on. When applied to for payment, defendant always put the matter off, and. finally repudiated his liability for the work done by plaintiff. A. Allan (plaintiff) deposed to the circumstances under which Mr Campbell agreed that the work in question should be undertaken. The Company’s men laid down a tramway to the place where they were working, which tramway was used in the progress of the work. Mr Campbell frequently visited them and urged on them the necessity for making all haste with the work. On being asked for a progress payment Mr Campbell replied it would be all right, a statement which could be proved by one of the men who heard, it. Mr Campbell made three different appointments in one day, all of which were put off, on the ground that he had not made up the accounts. Finally Mr Campbell offered him £lO. It was under Mr Campbell’s instructions that this work was done, as the quartz could not be got at till this driving had been done.

Cross-exnmiired by Mr Bruce : He had frequently worked for Mr Campbell, and in all cases prices and terms had been agreed upon. In this case Mr Campbell hud agreed to pay whatever it cost him to get the work done, and told him to get the best men, and push on the work. Mr Campbell did not tell him that he did not want the work done; nor did he say that he (plaintiff) was doing the -work on his own responsibility. It was not till after the work was finished that Mr Campbell offered the £lO, which he declined to accept. In doing tho work plaintiff had incurred liabilities for wages, material, etc., amounting to £lO6 odd.

L. Bradley deposed that he heard Allan ask Mr Campbell for money for wages, and heard Mr Campbell say it would be fill right, .and that he was to hurry on with the work. . Joe Clarke also gave evidence. James Wilson deposed he was a mine manager of 24 years experience. He saw the work in question, and had taken measurements. He considered the work accessory in order to get at the reef systematically. His estimate totalling £lO7 10s was based on fair and reasonable prices. His estimates nf measurement were fr >m data supplied by Mr Allen. He (witness) had used his own judgement as to the nature of the country in estimating eost.

Bor the defence Rev J. Campbell was called. He deposed that Allen had worked for him for time mostly on contract. Ho did'not want Allan to do what he did, and warned him that ho was doing.so on his own responsibility. AH he wanted was 200 t">ns of this particular ore, which Allan contracted t > supply at 3s G J per font. " Allen t >o'k' upon himself to do this driving in spite of the warning because he thought the work could be

done more economically. Allen came to witness afterwards and said he could Hot pay his men’s wages, and as witness saw that Tie bad undertaken more than he could manage he made him a compassionate allowance of £lO. He did not think the whole ef the work was worth more than £3O. He did not consider the company benefited by the work, and was averse to its being done. Cross-examined by Mr Mueller : He bad put the tram down for his own convenience, and it so happened that it suited Allen. There was no mention of paying for deadwork. He wanted 200 tons of ore, and it did not matter to him how they went about getting it.

H. Clappezouli deposed he was a mine manager of experience in N S W, and other countries. He saw the work in question and did not think it worth more than £35. The work was no advantage to the Company, but would be considerable advantage to Allen iu enabling him to get out his quartz. This concluded the evidence.

His Worship thought this was a question whether Mr Campbell' had authorised the work, and that was not shown in evidence. Allen did the dead work in view of Mr Campbell’s promise to. give him other contracts, in which case the dead work would be advantageous. He could not see that when a person Jet a contract, they had any need to consider how the contract was going to be carried out, and therefore could not give judgment for plaintiff. Complaint dismissed.

S.M. COURT.

C. Simpson v. Jas. Simpson. Claim for arrears of maintenance L 144 ss, being at the rate of 15s per week. Ordered to pay L3O before next Court day.