RESIDENT MAGISTRATE'S COURT.

Grey River Argus, Volume XXIII, Issue 3486, 22 October 1879, Page 2

RESIDENT MAGISTRATE'S COURT.

Tuesday, October 21. (Before C. Broad, Esq., R.M.) Thomas Mackintosh, a seaman on board the schooner Sissy, was sentenced to seven days' imprisonment, with hard labor, for absenting himself without leave and refusing to go to work. The defendant was ordered to go on board after the expiration of his term of imprisonment. Breach op the Stamp Act.— Rachel Johnston was charged with not complying with tho provisions of the Stamp Act relative to the will of James Howie, thereby rendering herself liable to a penalty not exceeding LSOO. — Mr King, Deputy Commissioner of Stamps, produced the letters of administration, and deposed that defendant had not complied with the Act. — On the application of Mr Perkins the case was adjourned for a week to allow Mrs- Johnston an opportunity of being present. Breaches of Borough Bye Laws: — Samuel Ainsworth and James Jenkins were charged with driving 32 head of cattle through the streets, the same being a contravention of the Borough ByeLaws. — Jenkins pleaded ' guilty. — Mr Girdwood stated that he employed both defendants, and that he had obtained permission from luspector Hickson to drive the cattle on the west side of Boundary street to the stockyards. As soon as the cattle were landed they paid wharfage dues, and as >sooii as that was done the cattle came under the cognizance

of the police, as it was impossible to land cattle in Greymouih without i'.)frinj»iny the Borough Bye-Laws. — Inspector Feast said he had nothing to do with any permission granted by Inspector Hickson ; ' all the police had to do was to carry out the law as they found it.— Mr Girdwood said no notice would have been taken of tho matter but for the offioiousness of a certain individual. — Hi 3 Worship ad mitteel it was a hard case, and suggested that the Bye-Laws should be altered. No doubt they were framed wisely for the protection of- life, as cattle were often very wild. The police were bound to carry out the Bye-Lawa, or else they would subject themselves to catnplaint. He would tine the defendants Is per head and costs.— H. Russell, for driving 13 head of catile through the streets was Qned 13s and costs. Edward Lodge was summoned to show cause why he should not pay 5i 6d per week towards the support of his daughter, who was confined in the Industrial School at Caversham.— Defendant pleaded poverty, and the order was suspended for three months.. Chase v. Taggart. — This was a claim for L 8 133, being amount due fcr supporting defendant' 3 child. Air order bad been made by the Court, bat the defendant, who was a ship carpenter at Wanganui, had not complied with it, and plaintiff stated that he was unable, having a large family of his own, to support the child any longer. — A warrant was directed to issue. CIVIL CASES. Gilmer Bros. v. Walmsley. — Claim for L 55 133, balance of account. — Judgment by default. Same v. Lapham. — Claim forLl2. — On application of Mr Warner, the case was adjourned till Saturday. THE STILIAVATER CONTRACT. Gibson v. Rowe. — This was a claim for 10s 6d, being amount due on a disputed wages account. Mr Guinness appeared for the plaintiff, and Mr Perkins for the defendant. Peter Gibson— Was a laborer, and had been working in the Grey district for some time. The current rate of wages was 11s and 12s per day, but in Kennedy's mine it was 103. He had had no conversation with Rowe about the rate of wages, but Oxford, his manager, told him to go to work. No rate of wages were mentioned. On Monday last ho wa3 paid off at at the rate of 9s per day, and he claimed 103. By Mr Perkins — He drew all his wages on Monday, and said he would not work for 9s per day. He worked for 10 days without knowing what the rate was. Mr Ronayne, the manager of the railway, paid 83 per day, wet and dry. Knew that some of the men on Rowe's contract got 103 per day. Did not know how the scale of wages were paid. Wouli not himself keep men at work who were not worth the current rate of wages. By Mr Guinness — He believed he was a thoroughly competent workman. Thomas Brown — Was manager of the Gre3 r mouth Coal-mine, The lowest rate of wages he paid for surface men was 11s per day. He paid plaintiff 12a per day, and witness considered he was a thorough good workmen. By Mr Perkins — He employed plaintiff regularly at 123 per day. The last time he employed him was on 23rd September for one day. Henry Bands — Was a laborer, and bad been employed on the Stillwater contract for about a fortnight. There was no agreement as to th.3 rate of wages, and he considered 10s the current rate. He was paid off at the rate of 9s per day. There 22 or 23 men at work previous to the strike. All the men had knocked off work in consequence of the reduction of wages. By Mr Perkins — Was nof. an enemy of Rowe's. Attended a meeting the other night. Brown was not present at the meeting. Had not threatened to throw any man in the river who took 9s per day. Had never worked for less than 103. Heard some of the men say there would be a classification of labor, but he always received the highest wages when he worked. John Westbury — Had been employed on the railway works, at what he understood the current rate of wages, 10s per day. Did not agree to accept 9s per day. By Mr Perkins— Was not snbposnaed. He paid his own expenses. Took the 9a per day, and asked for back time. Had attended the meeting at Brunnerton the other evening. Robert Gregory — Had been employed on the Stillwater contract. When he went to work he asked Oxford the current rate of wages, and Oxford Baid he could not tell him. He had never received le3s than 10s per day, but when he. was paid 93 he did not object to the wages. By Mr Perkins — Was not subpoenaed. Had been at work at the Coal Pit Heath Company on contract. Had worked for Jones at 11s per day. Had not moved a resolution at the meeting. Robert Gill — Had brought an action against Rowe. There was no arrangement made as to the rate of wage 3. Was paid off at the rate of 9s 6d per day, and he demurred to it at the pay table. Had never received less than 103 per day. Bread and meat were dearer at Brunnerton than Greymouth. By Mr Perkins — Had attended the Brunnerton meeting, and he believed that Gibson's case was a test case. Witness took the money. under demur. Mr Perkins moved for a nonsuit on the ground that Gibson had taken tho money and raised no demur. Mr Perkins having replied, His Worship said that had the case been defended upon the simple fact of the current rate of wages, he would have had no hesitation in deciding the case in favor of the plaintiff, but no objection had been raised at the time the wages were paid. If plaintiff had objected, then it would have been a different case, but at present there wa3 no case before the Court, therefore he must allow the nonsust. [The case, Gill v. Rowe, will appear in our next.]