RESIDENT MAGISTRATE'S COURT,LAWRENCE.

Tuapeka Times, Volume III, Issue 197, 9 November 1871, Page 5

RESIDENT MAGISTRATE'S COURT,LAWRENCE.

(Before W. L. Simpson, Esq., R.M.)

Thursday, Novbmbbe 2nd. M'JBcccth -v. Quirk. —No appearance, Struck out. ! G-reeves v. LiicMe. — Summons not returned. Fresh summons to issue. M'Kimmie v. O'Keeffe. — Summons not returned. Fresh summons to issue. Paterson v. Davison.— Claim, L 8 10s., being balance of wages alleged jfco be due. Mr. M'Coy for plaintiff ; Mr. Gooday for the defendant. • Mr. Gooday applied for a nonsuit, on the grounds that the particulars of the claim were not givem Mr. M'Coy stated that he would give the particulars now, and applied for leave to amend. 1 His Worship remarked that the Magistrates, as -a rule) now granted' nonsuits when the Act ttot strictly complied with. Howeyer, he would allow the amendment in the present case. — Amended accordingly. PatersoH, beiiig sworn, deposed to Ms being ihthe service of defendant as groom for a period of nine weeks, andliti charged' wages, asgrm>mi:at the rate of LI 10s. per w«>pfc E,e was a baker by trade, but

had experience amongst horses, although not an experienced groom. Defendant never found fault with him. Had received the sum of L 5.

Cross-examined by Mr. Gooday. :, He. .had been to.Bea- tw> voyages to and from England as a cabin boy. He was eleven months at the bakery business. ant- never told him" that he would only only give him tucker. He ' recollected Cowap/s horse. He "did not oleaiTit, and Davison found fault with him for not doing so. He did cut a piece off Mr. Gooday's bridle. He left on the 27th September. Defendant, being sworn, deposed that he had engaged plaintiff, but that he only promised him tucker. There was nothing Baid about wages. Boarding in an hotel cost 20s. per week. He could board him for 15s. per week in the stables. He found fault with him for not cleaning Cowap's horse ; and he refused to do any more work. He. knew nothing about horses, 15s. per would be good wages for him. y ; Examined by Mr. M'Coy : He never offered him 20 per week.

Samuel Searle. beiug sworn, deposed as to the wages, he having an experienced groom at 20s. per week. In Davison's stable a man might make a half -wage by getting gratuities from customers. There was no such chance in his a tables.

The Magistrate, after considering the whole case, considered that 15s. per week was a sufficient wage, and gave averdict for LI 155., being the difference due to plaintiff ; each party paying his own costs.

Hayes v. Walsh. — Claim, L 6 10s., commission for agency in connextion with the letting of property belonging to defendant. Mr. M'Coy for plaintiff; Mr. Copland for defendant.

In this case the plaintiff stated thai he had been frequently waited on by the defendant and requested to find a tenant for the Camp Hotel, then empty. He found a tenant, after a considerable amount of trouble. He received rent for the premises, and sent the same to defendant by cheque. Frequent letters passed between them in reference to the property. Defendant never repudiated his services until he received a letter from Mr. Copland. On the other hand, the defendant stated that he had never authorised Mr. Hayes to act for him in any way. He had no right whatever to interfere with the property. He" (defendant) had another agent, regularly appointed to do his business. He received no money from plaintiff. He certainly did receive some crossed cheques, but he never used them. Whilst in the province he required no one to act for him.

Cross-examined : He had always been liberal with those who acted for him. Plaintiff had no right whatever to interfere with his property. Would not swear but that the subject might have been mentioned in ordinary conversation.

The Magistrate remarked that upon considering the whole of the evidence, he came to the conclusion that a conversation about the property had taken place, in reference to the letting of the premises. There coald not be a doubt that plaintiff did a certain amount of work for and on behalf of defendant. The plaintiff had made out his account in a very improper and defective manner ; — he should have given defendant credit for the snm of L 4 10s. in his hands, the property of defendant. He would find for plaintiff for 135., and costs of Court.