A' JOCKEY'S PAY.

Auckland Star, Volume XIX, Issue 222, 20 September 1888, Page 8

A' JOCKEY'S PAY.

ACTION" IN THE KM. COURT.'

At the R:M. Court to-day tbera was an action brought by a jockey named Alited Cook against Joseph Williamson, an owner of horses, to recover £16 17s 6d, money alleged to be due for riding several horsed Mr VVhibttkeriappettred toe ■plaintittj a lad sixteen yeairs ot age, and Mr ,Cumpbell for thedeienuanb. Mr VVhitaker said bbat the plaintiff was a jockey employed by the Keleuduni, and he claimed to.. leceive £16 17s tiddue by the . ,dfltenuanb for riding; ceriaih; hqrees in fche .-ht<iljje« of . the . clett'ndiinb, .The amouuc ot the pltuatiti's claim was £21 17s 6dj of whiLh pl^iritilf had received £b. Tjjeduendaujp lmd paid into court £417s 6d, qp^actPttt't;of several,.winning aiouuf/S, <i&x * which, £9 "17s' M was ' oiaitaea. 'The

plaintiff.■>alleged ~£t hat: , be, ; was t.entiUed to charge £ii< for,! losing mounts and 5 per'■' 'cent:-- "- for winning mounts. Tbeae were the amounts aLowed by tEe Auckland Jockey Club, and, in fact, by all the Jockey Clubs, in [Hew Zealand. The plainciii Would'prove that he was employed. by the defendant to ride horses belonging to the plaintitf. -He was not to be paid for losing mounts on horses which did nob belong to: the' ; defendant and the ciaimß mad© were for ldßing a»ounta on horses belonging to other people. He would also call the owner of Shillelagh, and Maratau' to prove that he had paid Mr. Williamson £6 for losing mounts, and a professional, trainer who yvould depose that it was tbe'custom to pay £2 tor a .losing moun i and 6 per cent, for a winning nibunti. '. Alfred Cook, they iplaintiff deposed; that he was tmployed by Mr Williamson, and his waged were 5s per week., ivjr Williamson had in-' his stable 7 - \ tL© horses fcihillolagh, Cushla, ivlaratati, and Artist. Mr Williamson told him that he could not afi'ord to pay for losing mounts on hiaown horaes, aud witnesfl; did not; claim to1 riding losing mounts on Cushla and Artiac. He claimed for riding Shillelagh and Maratau bocause they belonged to another man. i; "In answer to Mr GCampbell; the plaintiff aaid he went iuto Mx Willuimson's employ in j June, I^6, and wifs with him for two years. He was vow sixteen yeard of age. He was with Mr Williamson nearly a year before he was out on a horae..- He was ai stable boy and occasionally rode light weight. The -wages he got were £1 amonth. .Mr Williamson did nob say thab witness was not to bo paid for losing miJUhtia on;hbrsea in his atablefr ; Heaaid that ,he could: nob afford to pay for; losing mounis on his own horaes. Witness was told that Mr Williamson was not the owner of Shillelagh an 4 Maratip by Mx May, ffto fi«4 ho owned a half

interest in both horses with Mr Enko. They weie partners with Mr Willxam^on. Richard May deposed that between May 1887 and May 1888 he and Mr Enko held a half interest in Shillelagh and Maratau, Mr Williamson holdingtbeotberha'fshare. Witness received .ccoin^from iVlir Williamson. Witness puid Mr .\ iliiamson £2 for the riding of ahillelagh in the Handicap at Otahuhu ori September 17th, 1887, and £3 for riding Maratau in the Takapuna Anniversary Handicap. That was a losing amount and the scale was only £2. Witness was charged for Maratau in the Henderson's Mill Handicap £3 for a losing mount, and £12 for two winning mounts in the Kaipara Cup and Handicap, For the Eastern Handicap £3 was charged for a losing mount, and for the Gnehunga Cup on the 7th of April 18 for a winning mount. For the Takapuna Handicap, witness paid £2 for a losing mount. These amounts were paid by Enko and May to Mr Williamson. The partnership ceasedon April 14th. The accounts put in were settled. In reply to Mr Campbell, witness said that he did not - vvn a share in the hursts named, but he held a lease, and it was well known that he and Enko were in partnership/The accounts put in were in Mr Enko's name, but witness made them out. John Chaafe, a trainer, deposed that he paid boys in his stable £2 for losing mounts, and that this was the customary rate of pay^ For tho defence, Mr Campbell called Joseph B. William-on, who depased that he was at ainer of horses, and trained horses belonging to himsoii and to other persons. Part of the profits and -perquisites of the business were the fees which trainers charged persons whose- horses were trained in their fltablee, they finding boys for the purpose of riding. Independent of their .own arrangements with the boys they charged so much for winnii.g and bo much for losing mounts, against the owners of the horses. Mr Williamson further stated that the plaintiff was informed that he would receive nothing for losing mounts upon horses in his stable. The plaintiff received £1 per month as stable boy, and he was taught riding.. He hid been paid for losing mount 9 upon horses not.owned by witness. '.■■''.'... ; - Vr , "■: ■- .

Mi-Campbell also adduced corroborative evidence by other stable boys to show that the plaintiff had stated* that he was not to be caid for 1 Bing mounts. Judgment was given for the defendant in excess of tlio amaunt paid into Court, with costs, £1 Is.