R.M. COURT.

Wairarapa Daily Times, Volume XI, Issue 3458, 13 March 1890, Page 2

R.M. COURT.

MASTERTON-THURSDAY, (Before Colonel Robert's, R.M.)

CIVII OASES. M. Oaselberg v W. Eiegard, claim £IOO. Judgment given byconfeasiop, with costs, £4 Os. C. H. Savage v John Wright. Quarter's /'pr6fdssioflal\ fees, ,80s. Judgmentfor amount and costs. A. Taplin v J. M'Eae, claim Lll lis Sd. Mr Pownall for plaintiff, and Mr Bunny for defendant. Tho sum of L 8 8s was paid into Court. A. Taplin, Bworn, deposed tint he. 1 waa a rabbiter at the Taueru, On Ootober 21st ?saw M'Eae '; Wviiig Masterton said yards, aud ; asked him' if bp wanted a. trapper.' M'Eae offered to give hiin 2d and 8d for skins, and if that did not, pay he it so that it would, as he was being pushed "by the Inspector, Commenced trapping on the 81st October, On December 10th delivered forty-five dozen skins to M'Eae at 8s a dozen, or 540 at ?di and later on delivered; 080 at 2d per skin. On December' 20th Mr M'Eae objected to giving 3d for halfgrown : rabbits. Proceeded to trap oh'tbe agreement tkthe should be paid 8d and 2d per skin, On February Bth delivered another instalment of skins, when M'Eae said lie would only give 2d and Id per skih'astho rabbits were so numerous, He tried trapping under this arrangement for a fortnight, but found it did not pay. a number of skins on February 22nd, at 2d and Id, Asked MoKae on the 22nd for a settling up before the reduction. Made out his account as £ll lis Gd. M'Eao replied that he did not make it that, but made no definite dfferof payment, To Mr Bunny: M'Eae did not offer jhim a cheque for £8 Bs, Ho had never seeu the cheque produced before. Told the defendant the amount owing was £ll lis Od. Ecceivoda chequo.on December 12th for £9 12s on account of skins.- 'Mr M'Eao had promised to pay him 8d for large skins, and 2d for small, Had been rabbiting for a considerable time before going into the employ of defendant. Mr M'Eao had other rabbiters in his employ, and ho thought they, with dogs, were getting 2d and Id, Loft the employ of Mr M'Bab because ho reduced the prico of skins, and was not directly dismissed, To Mr Pownall: Could not trap rabbits at the same price that ihoy could he caught with dogs, _ E. McLean, rabbit-trappor, residing at Mastorton, deposed that ho had been about six years engaged trapping rabbits in this district. The current prices for skins varied, but the lowest overage was about 3d a.id 1 2d. He was not likely to trap at Id. He had never heard of rabbits being trapped at less than 8d and 2d. To Mr Bunny; Had trapped skins at 2d all round and found, for Mr Morrisoiij at, Blairlogie, about live or six months ago, Had no regular charge for rabbiting, it depeudod on the rabbits, _ To Mr Pownall; Had been, rabbiting on Blairlogie at 2d per skin, with everything found, Mr Pownall, for tho plaintiff, submitted that no amount had been legally paid into court. John McEae, sworn, stated he was raanagins; Bowlands estate. Engaged Taplin to trap lor him in October at 3d for full grown rabbits and Id for small ones. The arrangement was made iii Masterton, , Had ; six other rabbiters on at tho time, and paid them the same that he .offered Taplhvbut hadnever paid more since ho bad been on Bowlands, Taplin agreed with this arrangement aiid went into his employ. On December 20 he received a number of skins I from plaintiff, and after having tallied,' paid the sum of £9 12s for the same, Taplin signed the block.of tho cheque. The amount paid was at the rate of 8d and Id. On a second delivery being made he said lie would have to_ reduce the price to 2d and Id, which Taplin accepted. • Dismissed plaintiff because ho heard he was not doing his work. Offered him a ohep for £8 Bs, but ho would not accept .it. Knew nothing about the £ll lis 5d until he received the summons, The settlement on 20th December was never disputed. Saw no hook in tho hands of plaintiff when he brought his skins, To Mr Pownall: Did not have his original daybook with him. Ha< no recollection of oyer seeing plain tiff's pocket booki Knew that thi 8d and Id would pay. There was n< dispute as to quantities at the (irn< of settlement. Told MoLean he hat made a mistake, and that tho accoun should be L 8 Bs. Would swear hi had never paid more than Id foi small.skins during the last two years to any man on Bowlauds. Orderod the mm out of his bffico because he ), would not accept the amoum b tendered. He (M'Eae), had taken 7 both cheque and receipt iii his hand i but put them' on the desk again 0 Had then told him if he would, no 7 take it, the sooner he cleared out tin i better. The amount pramised was 3c 0 and Id, Did not pay M'Eae upfc 1 date at-lost payment,' because hi (MoEae) thought he might bo Bervec 1 ( in the same manner as other rabbiter* I had served him, by having his traps J all over the country instead of bringing them in. . I To Mr Bunny: Had paid on i previous occasions with similar [ cheques or orders, They had always I been accepted. Patrick Hastiewas then called, He deposed to being a rabbiter.in the employ of Mr McEae.' Had been i working for him about 18 months. ■ Received payment at tbe rato of Bfl per skin, and.ld for small skins', Knew Taplin aud believed him to bo getting the same price.- Would not swear to the amount tuy man was being paid, but would swear to what Ihoy had told him. He was rabbiting with dogs; Taplin used traps, .' Judgment was given for plaintiff for £8 Bs. Considerable argument followed as ,to, which .side sijoujd bear, costs, '• His .Worship 'reserved his ruling until 2 o'clock. ; '';'■' ',] On resuming at 2 p.m.; the Court decided that each party pay their own costs,

Wairarapa North Couuty :

The following report oirthf Engineer was read at the' meeting M the Count/ held on Tuesday last : ■■Masterton riding. ' Masterton : to Waimata Road. Contract No, 89 (BmtpliiiDga; riverproteotivQ worjis),

•|flndera for this work were dealt $Hh by the Works Committee: oil 'the 22nd of last month, and resulted .in the acceptance of that of Mr 0. E, Danielle at £59 14s. Sinco then men have been employed in preparing the timber and getting the materials on to the site preparatory to proceed* jug, with.the pile driving, Under favorable bonditionslhewotkihoiild' be finished about a fortnight from ~ thepfes'erStdate. '- ""..'..•. !> ?■/ " Castle Point' Biding. 'Masterton-,.,.,,, to Waimata Eoad. The metalling "'" repairs contract on the Mangapakeha section of this road continues to make fair progross and will be completed in the early part of the ensuing month. The shingle carting has already been finished/and the teams are now engaged in iuih'ock carting along the more distant sections of the lino. , Eketahuua to Tinui Eoad. (Tinui to Tiraumea Section.) The protective 'dam at tho lower Whareama bridge baa been completed, together with the repairs to the approaohes at the upper teidge near Mr Burling's property." •. \ iOwing to tho pressure of other' urgent' works in tho Alfredton Biding of the County, I have not yet been able to execute the survey required by tho Akitio Road Board in that district. I propose, howover, visiting the locality on Friday, the 14th inst., and have already arranged the preliminaries so that no delay may occur to provent a prompt execution of tho work. ' ; ;.'"■:' ?■ f) '_ Alfredton Hiding, Ekotahunn, to -ojj' Tinui road (Ekotahuna.to Tiraumea n. Section.) Contract 22|Bridge,'building). The term' for completion of this contract expired on the 18th February. • At present there is no appearance, of tho work proceeding beyond the intimation to hand that the timber has be. a executed at the saw mills. The contractor has advised me that he has beon confined lo his bed during the past month,, through severe illness and is only able to resume work, .. Undor, tho. circumstances I Wuld rocominehd'tliat an '' • •': oxteusion of time lor onp month be granted, and that ho be notified that the contract must bo completed at the latest by the lllh of April. Contract No. 28 (road formation) —The contract time for completing tin's contract ■ expjrld- on the ■ 28th j ultimo., arid although considerable' delay attended the earlier stages of • its progress, good headway had been made during last month. The heavier sections of-itare.now well- .-. ■ advanced/and but for tta'absence 6f''■'•■ the bridge tho liue could be available -*£ for bridal traffic at the present time. \ It is anticipated under favorable ■ circumstances that the contracts will be finished towards the end of next month. The' metalling repairs contract on the.Eketahuna to Alfredton section of the road has beeu : proceeded somewhat tardily, and notice has, in consequence been given tho contractor to adopt more 'energetic measures for its future conduct. Afarthor contract of 97 chains has been;advertised .for road formation in extension of tho work at present embraced in contract No 28, Tenders for this will be placed beforotho Council for their consideration at the present sitting. . Opaki to Manawatu Koad. (Contract No. 28, Street formation, Eketahuna Township.) Notwithstanding the exceptionally favorable- weather . - experienced during tho inootli, progress with this contract has not been so rapid as might reasonably -it have; been axpeciacl. Wlieu last r inspected, on tho 4th ultimo, less /a than one half of the metalling had "ftbeen performed and the working ' staff had been reduced to a minimum. Arrangements hive subsequently, been made to increase the number of' gravelling teams so that it is. reason-" able to suppofe the contract "will now be out of hand in tho early part of next mouth, Tho work ißtilroady sufficiently advanced to justify the Council in relieving tho sureties and I would recommend that their bond bo allowed to hpso on tho 18th inat., this being the date to whioh thpy rendered themselves liable under its ; •■ provisions. Contract No 29. (Eketahuna township, footpath kcrbiug.) This contract which was ontered upon at the last mooting of tho Council; has been energetically taken.up. The work is now in a well advanced state. The. kerbing lias been laid throughout the greater ; portion : of' ! ; the eastern side of the township, ' and it is expected the romainder of it will be finished by the end.of the, -: current week, The workmanship §■ and materials in all respects are of a • satisfactory character.''