MAGISTRATE'S COURT.

Taranaki Daily News, Volume LI, Issue 99, 15 April 1908, Page 3

MAGISTRATE'S COURT.

A CLAIM FOR WAGES. la the Magistrate's Court ve-sterna Ralph Jordan, a lad of 17 rears, we Mark StanUh for £33 2s, being «ag( alleged to be owing lor work as farm-hand. Mr. Grey appeared for tli plaintiff and Mr. Johnstone for defend ant. Plaintiff, Ralph Jordon, stated tha he was now living at Hawera. .Mr Btanish had paid his coach fare when h< Went to work for him. He had iwlkei eight cows on the night of his arrival and bad milked night and inoruiiij; fi«>m then until he left. Mr. Hani-li hail i"ul him that he would get tJil a year. Ilad received £2 when he had lg - en there five weeks, Staiiish got llie CI back to buy a pig. On one oei-a-ion Btanish and he came to Xew Plymouth. and Sstauish gave him €2. He spent 6s and gave £1 to hi* father. He (Nik 14s home with him. Stauish asked him one Sunday for the loan of a shilling or two as he wanted to go to church. Pie (witness) told him it »i in his pocket in his room. Stanith took the fourteen shillings. In the second year of his employment 8s per week was arranged. Ue used to ask about the l£24> a year, and Stanish told him be ■would put it in the bank the next time he came to town. Had asked for wages when he left, and ijtauish told him that he would pay his mother, or he might have to pay twice. To Mr. Johnstone—The arrangement re the payment of £2O for the veal was made about six weeks after enter lag Spanish's employment. No one »j.' present. Arrangements for the payment of 8s per week had been made near the «nd of 1908. flat received £2 from fctanUh when bt iatended leaving, after having been there five weeks, the amount being, coach fare ss, and the balance wages. Staniah had not su]>£ed him with much. He left because i aister at Hawera could not get a farm assistant. He was on good terms at the time of leaving. Stanish said he was going to send the money to his mother, oould milk 8 or a cow* ;in hour, and was milking for three iiom* night and morning. Harold Jordon, brother vl the plaiutili. said he went to sec !»' brother at Stanish's on the 14th April, I'JOO. While .^—ihefe he was looking at a pig with Staniah, when his brother remarked tlial the pig was his, as he had given .Stanisti the money to buy it. He was talking to btanish in the bouse, and he (Stau iah) said that his brother was to gel Bs, and this amount would be increased to 10s the following aeasou it he improved. Mr. Johnstone contended that the boy's clothing and keep was sullieieiit remuneration. He was there to be out of his mother's way and to keep atvav from school.

Defendant, Mark Stanish, farmer on the Wares Road, said w he n the buy Jordon arrived in December, 1005, he knew nothing about him. The Iwv »as

.Ttry small and delicate, and did nut know how to milk. Witness lost time showing him how to milk. The boy stayed for two months and then told him that his mother wanted him lo go home. Witness gave him enough money, and the lad left at 7.15 a.m. and l-.ihii back at noon and said lie had mis~e;l the coach. From then he stayed on; although no arrangement was made .is to payment, lie lived as one of the family, and was apparently happy. .Witness provided him with clothes, ami gave him 8s when he left. He paid him t£2 in July, 1907, of which he aiterwards borrowed 14s, and also paid £8 to Jordan's mother on September tfth. Had not heard anything about the payment of .£2O a year until he had received the gammon*, and he had not made any arrangement to pay the hoy 8s per weeklie boy had never claimed wages. To Mr. Grey—The boy arrived in December, 11)05. lie paid his coach fare when be left. Did not give tliiu £1 then, but gave him £2 when he came to town in July, IUO7, to buy clothes. He asked the boy for the loan of a few shillings one Sunday as he was going to church, and Jordan told him he could get it from his pocket. Witney took Is at the time, and 18s some days later. The boy was worth nothing for the lirst year, and he thought it was enough to dothe and keep him.

To his Worship—The boy was up at &3Q in the summer and 7 in the winter, and he went to bed between 8 and U o'clock. He was unable to do anything but milk. Mr. Johnstone contended that no contract bad been made between the two parties. Mr. Grey submitted on the evidence that plaintiff was entitled to the lull amount of the claim.

Uis Worship decided in favour of the plaintiff for the full amount claimed.