MAGISTRATE'S COURT.

Taranaki Daily News, 20 September 1916, Page 6

MAGISTRATE'S COURT.

'IUESDAY, SEPTEMBER 10. Before Mr. A. Crooke, S.M, tJNDEFENDED CASES. Judgement by default was given as follows: A. M. and A. E. Watkins (Mr. J. Wilson) v. J. T. Cave, £0 and £2 (is (id costs; Hy. Weston (Mr. Billing) v. Wm. Ropea £1 l(is 3d and l.'ls; Taranaki County Council (Mr. Johnstone, instructed by Mr. J. H. Quilliam) v. A. 11. Gilbert, £lO 13s 5d and costs £1 10s Gd.

A QUESTION OF WAGES. Frederick Magon (Mr. -1. Wilson) claimed from Thomas Julian (Mr. A. H. Johnstone) the sum of £7 Ms Od, being balance owing for contract money, splitting wood and wages.

Mr. Wilson said that plaintiff was early in the year employed by defend- | ant's son as farmworker and at the end of the milking season he got a job with defendant, who gave plaintiff some bush to cut at Ss per cord. Defendant was contractor for wood to several factories. After 1?. cords had been cut, defendant asked plaintiff if he would drive a bullock team with wood to Pungareliu factory, and it was arranged that tlie wages should be 10s per day. Items on the plaint for working at Revell's, Were to be paid by defendant, who had u' contract there, and asked plaintiff to go there. lie understood that defendant claimed that he had paid all the money due to plaintiff.-

Fvcdk. Magon, laborer, of Wares, said Julian, junr., obtained a job at woodcutting for him at defendant's place. Defendant did not say that there was any urgency ill getting wood to the factories. The offer of 10s a day was a straight-out oiler. Witness had to throw the wood down a hill, load it up on the waggon, and then herd and yoke up the bullocks. One day defendant said he wanted to give the team a spell, and asked plaintiff to help him in a navvying job at Revell's. Worked two part days there. Witness made out a statement of wages which he gave Julian, and also spoke to him. Defendant said witness had not put in enough work and had not earned 10s a day. Did not dispute having offered that wage. On some days lost considerable time in finding the bullocks. On three occasions Julian had complained that witness was not nutting in full time. When he applied for payment personally Julian offered 7 s 6d a day, but later on offered Ss. By Mr. Johnstone: Was 17 yeai'3 old; had worked for others besides the Julian'?, including Gibbins, Gills, and Pungarehu factory. Got his experience of driving bullocks at his brother's place, about three years ago. Took about- an hour in loading the dray, then took it to the factory, five miles away, reaching there about one o'clock. Then came home and threw wood down the liill for the following morning. Also took loads to Puniho. Did not approach Mr. Revel] for payment for work done at his place.

Thomas Julian, the defendant, said that he had a bush farm on the Xewall load, and had been supplying firewood to Puniho and Pungarehu factories for years. Defendant was to take a load to either factory as instructed, at the rate of fls per day of eight hours. He was to keep an account of hours worked with team, and when the load was delivered plaintiff could either knock off or go on with his contract work. On July in witness went to the bush and Magon did not arrive until between U and 12. Assisted him to load, and he returned from the factory about 3.30 p.m. On the 22nd plaintiff did not arrive at his work until 11 a.m., and was back at 4 p.m. On 25th, he only worked four hours. On July 2S and 29 plaintiff' again did not arrive until 11 a.m. Witness had driven the team from the farm to Pungarehu factory hundreds of times and five hours to load up, go to the factory and return was ample time. Magon worked at Revell's for the Domain Board. Told him to get an order on the Board for

payment- from Mr. Revell. By Mr. Wilson: The bullocks most of the time were grazed on a bye-road or were in a small paddock about five chains away. Had permission to graze I the road if he kept it in repair. Had told plaintiff on several occasions that he was pottering about too much, and to got to work. Plaintiff had not finished Ifie contract cutting before he commenced driving. When Magon applied for payment did not offer him 7s Cd or Ss. Alfred Clothier, farmer, of Warea, gave formal evidence of witnessing a signature. Julian was to pay Magon for the work done at Revell's.

Walter Harvey said that he was employed by the defendant during the winter splitting firewood. Plaintiff was working in the same bush, and was splitting wood in between his carting hours He never started carting before, i) o'clock, and sometimes it would be 10 or 11. He would return about 3.30 or 4 p.m., would throw wood down the hill till 4.30, and then go home. On July 17 it was after 12 o'clock that ho started. When he was late Magon used to say he had to go round the sheep at home. His Worship said he must accept defendant's statement that the wages we re to be fls. He was certain that plaintiff did not work full hours, and he would allow only seen hours per day. Judgment would be for 40 days of seven hours each, £IS 2s 3d, and one day of eight hours at Revell's, 10s, and the contract £5 4s—a total of .£'23 Ills 3d, less r.lready paid £2O 14s Gd, leaving a balance of £3 Is fid, and court ?osts £1 Cs.