RESIDENT MAGISTRATE'S COURT, TOKOMAIRIRO.

Tuapeka Times, Volume II, Issue 54, 20 February 1869, Page 3

RESIDENT MAGISTRATE'S COURT, TOKOMAIRIRO.

Extended Jurisdiction. (Before "Wilson Gbey, Esq., EJ£) "Wednesday, 17th. February.

G\ Hicks t. J. Mackat. — Claim of £29 for wages. £2 Bs. 6d. paid into court.

Mr. E. W. Capstick appeared for plaintiff, and opened the case very clearly. He called G\ Hicks, who deposed : I was engaged to work as a printer by Mr. Badeley, manager for the defendant. Had been previously employed t)y Mr. Maekay. I said I was willing to work at full wages of young men. H© agreed to that. I received £3 10s. at end of first week as mj wages. Applied &t different

times afterwards for my wages. The manager said he had no- money. He gave me 2s. 6d. for a telegram/ I got various sums on account. I was not found fault for my work by any one in charge. "When I asked for a settlement he said he had no money. I asked him for as much as would pay my board. He said he had none. He of/ered to pay me at the rate of £2 ■p er week when he got money. He refused to pay me anything at all. Cross-examined by Mr. Maekay : Entered your employment in October, 1867, in Dunedin, at £3 per week. It was not £2 10s. Left your service, and was at other work for a month. I was about five weeks in your employ. You employed another man. I went to Tokomairiro in December. Agreed to take 355. a week. There was rio work to be obtained then, and that is the reason I went out. I remained there until I went down to Dunedin on the 16th October, 1868. You referred me to your manager. He would not employ me. I have my London society's card. Your manager Hugh Wilson, had never worked with me at Tokomairiro. I returned ' to Tokomairiro, and asked for a fortnight's notice according to the rules of the trade. I worked for a fortnight at the old rate. I then loft your employment. I was away for a week. In consequence of a communication from the society in Dunedin I was forbidden to work for less than £3 10s. per week. Badeley, your manager, came and asked me to work as the oifice was pressed with work. I said I would go back on condition of being paid £3 10s. per week. I remained working . until January the 18th. I got a payment of £3 10s. on the 18th November. I got 23. 6d. on the 11th. I did not ask him for money to buy clothes. I did -ask you for an advance of wages, but that was on a former occasion. You gave me a verbal answer. It was that you would not make it higher. Edward Badeley, manager for defendant at Tokomairiro, deposed: On the 10th of November, 1868, 1 asked the plaintiff if he would come and work for a short time. I did not promise to give £3 10s. per week. I told him that I would write to Maekay about it, that his wage would depend on the answer. I did writo a day or two after. I did nob cay he would, get £3 10s. The plaintiff never said he would not work under £3 10s. He did tell me afterwards that the society would not alloAV him to work under that. I gave him small sums of money from time to time, and also gave him orders on tradesmen. When he was Jeaving he came and asked me to make a 'settlement. I would not pay him at £3 10s. iTe"'aErk:edvr^' < Vi v _some money on account. I had no funois "in the office to pay him. Examined by plaintiff : I never saw the telegram nor reply by letter (produced). • Examined by Capstick : I kept him on at work and could do with his services. I told him at various times that it was not at all likely he would be paid £3 10s., and that it was at his own risk if he remained. The defendant called Eobert Wilson, foreman of the office. Knew plaintiff. He left when your brother John Maekay came up. Plaintiff was not a good hand. J. Maekay deposed: I knew. nothing of the re-engagement. I wrote to I Badeley and himself that I would not s;ive £3 10s. I was here in end of November or beginning of December, and then told my manager to give him notice. His Honor summed up, saying it was a very unsatisfactory case. It was evident there was no direct contract, but thought the plaintiff was hardly dealt with. He would give a verdict for £2 15s. per week, which would be £14 17s. 6d., with £2 Bs. 6d. paid into court, and costs £1 ss.