MASTERTON APPEAL.

Dominion, Volume 3, Issue 858, 2 July 1910, Page 7

MASTERTON APPEAL.

A SHEARER'S CLAIM DISPUTED. Appeal from a'decision of Mr. R. 11. Turtoii, late Stipendiary Magistrate at Masterton, • was made yesterday in the' Supremo Court, in tho case of George Moore, jun., farmer, of Eparaima, versus, Roderick M'Rae, shearer, of Masterton. The-appeal was heard by the Chief Justice (Sir Robert Stout). , r Mr - C v- P - Skerrett, EC. (with him Mr. D. K. Logan, of Masterton), appeared for ; the appellant Moore, and F.'O'Leary for tho respondent M'Rae.

In tho Mast-erton Magistrate's Court, on January 15 Jast, lU'llao had sued Moore for £17 damages. . He had alleged that a Native named Paku, acting as the authorised agent of Moqre, had engaged him (M'Rae) to shear on Moore s, farm at Eparaima during last season. M'Rae' presented himself at tho proper time, but was refused work. He stated in .the Magistrate's Court that he had traveyed 40 miles to fulfil the engagement; and had lost time and work at other sheds in consequence of his not obtaining the promised work, .tho magistrate, decided the case in his favour, and gave -judgment for the £17 claimed, with £4 13s. costs. The principal grounds of tho appeal were • (1) That there was no evidence that Paku was the duly authorised agent of Moore; and (2) that there was no evidence of a binding contract entered,into with M'Rae. 'His Honour reserved decision, after having heard argument.

SOLICITOR'S BILL-OF COSTS. ' CHAMBERS PROCEEDINGS. _ 111 Chambers yesterday, Mr. Justice Cooper heard further argument in connection with the. application by the Public Trustee for the taxation. of a bill of costs sent in by Mr. J. J M'Grath, solicitor.

The charges were made for professional services rendered by Mr. M'Grath in connection with the affairs of a Maori, whose estate, after his death was administered by the Public Trustee. When the original bill of costs was sent in to the Public Trustee for a lump sum of £100, Mr. M'Gfratli was asked to send air account setting out the various items. Mr. M'Grath itemised his account, and sent it in the total lioiv being £250. Some of the charges were disallowed, and the bill was reduced to about £150. The matter had been brought before the Court for the purpose of deciding whether Mr. M'Grath was entitled to £150, or whether ho should, receive only the £100 clainyad originally. His' Honour remarked that lio would further consider the matter, and deliver a written judgment. The authorities seemed to_ lay-'it down that only tho original claim could be allowed. Mr. J- AY. Macdonald appeared for the Public Trustee,- and Mr. A. Gray for Mr. M'Giyith.

COURT OF APPEAL LIST. ' POWFLKA'S NAMB APPEARS. The . second quarterly sittings of tho Court of Appeal will open' on Monday morning. Following is tho list of eases set down for hearing:— l Falconer John ' Macdonald v. tho Mutual Life Association of Australasia. Eliza Marion Allardiee and others v. Agnes Allardiee and others. ' John Norton v. Albert Ernest Louis iicrtling. William Vickers v. William Burgess and another.

The King v. Charles Grbich. The King v. Jolm Majoribanks Steele. Taupo Totara Timber Co., Ltd., and others v. Michael Lynn and another. The King v.' Archibald Muir. The King v.. Joseph John Powclka, The District Land Registrar v. t-ho I 'Wellington City Corporation. i Jolm Norton v. Thomas Walter Stringer (motion to dismiss order granting leavo t-o appeal).