DISTRICT COURT.

Thames Star, Volume XI, Issue 3572, 8 June 1880, Page 2

DISTRICT COURT.

THIS DAY. (Before J. E. Macdonald, Esq., District Judge,) .

GOLDEN OEOWN G.M.CO. V. COUNTY ';' counon. ; ■;"/ Mr Miller asked for an adjournment of this case until the next Court day. - Application granted. ■ W. MOASE AMD J. BENNETT V. ALLEN CHBISTET. Mr Miller appeared for the plaintiffs, and Mr I)odd for the defendant. Mr Miller, in opening the case, said it was a very simple one, and was disputed on account of an alleged non-fulfilment of contract. In this case there was no written agreement between the parties, but a verbal understanding existed between them. The plaintiffs entered into a contract with the defendant to crosscut, fell, jack and fall the timber on one side of the creek into the creek. When the plaintiffs had completed fourfifths of the work, defendant ordered the plaintiffs to desist. They did so, when £80 14s was owing them by defendant. William Moase deposed—On March the first I entered the employ of the defendant, and agrerd to fell, cross-cut, and jack into the creek, all the timber growing on the side of the creek. Three of us were working—William Mcllroy, James Bennet, and myeolf. The arrangement made between us was that if any-one of us backed out of the job, the others would be permitted to finish the job, and reap the benefit. Mcllroy worked 10| days, and then left. He asked for wages, and received 2s 3|d. The defendant agreed to allow three men to work with us besides ourselves—that was four men for jacks and two for the cross-cut saw. We first worked with six men, then with five, but we afterwards returned to the first number. The defendant came and. told me to knock off some of my hands, and I acquiesced by sending two men off. We cut. 318,000 feet, of timber;; and -the price we agrerd to cut the timber was Is per hundred feet. We put a large number of logs into the creek. The defendant came to us and said ''I'd rather have lost £5 than that so many logs had been placed in the creek." It was to our advantage to put the timber in the creek, but that we did not do, as we filled the back timber first, leaving the most easy part till the last. Mr Christie stopped us working, and ordered us to knock off our hands. This took place on a Saturday night, when I said to him " What is the cause of the stoppage ?" Hejsaid, "You are not making the cod tract pay, you are some £3 in my debt." The next day I went and examined; the books, when I found that he had charged me board and lodgings for longer than we had been working, and he had omitted to allow for 50,000 feet of timber which we had —cut. He then offered us £4 10s each, but I murmured at the small amount. Ultimately he offered mo £8, and Bennett £4, which we accepted, but not in any way in settlement of our claim. The defendant owed us £159 but we had received £78 6s in money, and about £50 worth, of food. I am quite willing to complete the job. In cross-examination to Mr Dodd--I never saw the agreement between ourselves and Christie. The agreement was not in writing. Mr Christie employed two men for us or rather recommended them to us. We were paid by Mr Christie, and I raised no objection to that mode of payment. When he told us to go we were obliged to com ply as might was right in that case, Mr Christie holding the purse strings. Mr Christie measured all the timber with the exception of 50,000 feet which I measured myself. I am perfectly agreeable to carry out the remainder of the contract.

Ec-examined by Mr Miller—The discrepancies, were in various things. When he told me that I owed him £3, he said, " but I will hold the unmeasured' Umber as an equivalent." We have done fourfiftbs of the w0rk. .,..,' James Bennett and William Mcllroy gave corroborative evidence. This was the case for the plaintiff. Allen Christie, being sworn, gave a total denial of the statements of the plaintiffs, and said that the men could not carry out their contract. He was quite sure that they had not cut 50,000 feet of timber in addition to the amount measured. He had gone over the ground but only found three or four logs. His Honor: Perhaps you did not intifnd to see them ? Mr Christie said he would swear that his books were right, as his clerk would swear that. John Gatland Jones swore that the plaintiffs objected to the accounts. He cid not know that there was any unmeasured timber in the bush. Defendant told Moase and Bennet they had better discharge some of their men as they were not making the contract pay. _ Mr Dodd-objected to the jurisdiction of the Court in matters of sums exceeding £100. He would, however, leave the matter in the hands of the Court.

His Honor called the plaintiff" Moase, who swore that there were 41 logs not accounted for.—His Honor was of opinion that the plaintiff's story was the more correct one ; but the logs were in the bush, and therefore could not be allowed full money for them, as it would take .trouble to remove them. Mr Miller pointed out that the men swore that the logs were close to the creek. _ . = His Honor gave judgment for plaintiffs £80 14s and costs, the plaintiffs were to pay £50 to defendant for goods supplied '■ —judgment was therefore for £30 14s and costs £9 2s. Court adjourned.

During the Queen's visit in Bavenolast spring a rumor was started that a marriage was in contemplation between the Duke of Genoa and Princess Beatrice. Italian papers recently revived this rumor when Her Majesty left for Germany. I 'have reason to believe that there is no foundation for that report. A marriage, however, is seriously spoken of, but the Prince is a German. " Dost thou clean thy furniture, fair hand-maiden!" asked Broadbrim of his pretty servant, who was polishing hit escritore.—" I dust," replied the maiden.