RESIDENT MAGISTRATE'S COURT.

Colonist, Volume II, Issue 167, 27 May 1859, Page 2

RESIDENT MAGISTRATE'S COURT.

Wednesday, May,2s,

Before the Resident Magistrate. Hannah Veck v. J. Levrthyaite.—The plaintiff, for whom Mr. Connell appeafed, sought to recover for non-fulfilment of engagement by the defendant, who was assisted by Mr. Kinfdon. Hannah Veck, sworn: I iye.nt.mto the service of Mr. Lewthwaite in pmvsifmce of an agreement made with a Mrs. Bunter, in Melbourne. I; landed on the lOtli of last Mirch, and went, to the! Wakatu Hotelascook.'lrenamed onlyafortnight.' During that time no fault was "found wifch>me. Mrs. Lewthwaite wished me to undertake the ■ cleaning up of the silver nnl tea-things, and said I. must do it. or leave. Tliat, was no part of my, business as cook, and I Mated so. That,was:Oi?. j'the Wednesday evening/ and I,left the next day. She told me, three-separate timer"-.'toileave /the/ house., I went to herafterwards arid renswed^my offers, of service, butwis refused.,' - ~ „■■■, -;i •■■.; '.,: ■: J Cross-exsmined by/Miv Kingdon■■: There was; an explanation from Mrs. Lewthvyaite at.tlrecommcncement that I was to undertake the same work as the man cook; rexcept ietcliing.waier and' chopping wood. There was1 no agreement;that^ was to wash up ail the cvockeryOvAtf'tbe ti|hej referred -to. ~,t liur.aatKe»:e;ta"rgreat' jffn^jy^^j^jSi^iDc^Lbe? -hoHaci-aila I was extra busy. 1 d|j|ii%itbl^|i^n:" to send out for some brandy if she vroylclinptgive it rue. I asked her to lei; me have a nobbier of brandry instead of a glass of beer, which was.-so had at that time that I could not drink it. ■■ She re- , fused to let spirits, go into the kitchen, j/s'ent the boy for it first, and went afterwards myself. ■:■; ■>.. ■-, ;. Ann Jervis, sworn : Am servant at the-Wakatu.; Came over from Melbourne with Mrs. Veck, under. a similar agreement with Mrs; Bunter. There was a man cook when I went there. The waiter" cleaned the plate, and the housemaid and chambermaid cleaned the tea-things. •After Mrs. r Veck had left, the same man came,back again, and.is now away again. He did not clean the silver ; or tea-things; and during her service the plaintiff acted the same as the man cook,.except fetching water and chopping firewood. At that time there were a great number iv the house, and the duties were heavy. ; . . ■ ■* Mr. Conuell said the plaintiff applied for the two weeks' wages, and the difference between the. agreement admitted as having been made with the plaintiff for wages at the rate of £1 per week, for the period of twelve months, and the amount of wages received in her present situation, being altogether .£2O ; he contended that having been brought from Melbourne under an engagement that had not been repudiated, the circumstances warranted a judgment for that amount. . Mr. Kingdon contended that there had been an agreement that she should perform the duties in dispute; that the'usual'rule with large hotels would not apply to those of Nelson, where they were probably busy for one day, and had; next to nothing to do for the next, month. He would call a witness to prov« that there was a thorough explanation of the required duties given to the plaintiff at the time of engagement; Mrs. Martha Lewthwaite sworn: I received Mrs. Veck into my house in pursuance of an agreement made in Melbourne. Before entering upon her duties I explained to her what those duties were—that she should do all the cooking and washing up in the kitchen. The agreement was that she should wash up everything that went into the kitchen. She agreed to do all tliis, anS as far as my knowledge went I believed she did it. She was never asked to clean the plate. ' The Magistrate said the hiring in Melbourne should have been attended with an explanation of the duties to be performed. Ann Jervis shewed what the usage of tlie house was,-and she.could. be expected to keep clean or i wash up every bit of crockery in the house. The' plaintiff having a place, however, would operate, iv his mind with respect to judgment in the case. She should, nevertheless, be entitled to some damages, and he thought the justice of the case would be mot: with his.declaring a verdict for £j. 10s., inclusive, of the fortnight's wages., ~ *