RESIDENT MAGISTRATE'S COURT.

Hawke's Bay Herald, Volume XX, Issue 3904, 12 May 1877, Page 2

RESIDENT MAGISTRATE'S COURT.

Friday, May 11. [Before R. Beetham, Esq., R.M.] NEWTON, IRVINE AND CO. V. EVANS. Claim for £9 Os 9d for goods supplied. Defendant did not appear. Mr Johnson appeared for the plaintiffs and proved the claim. Judgment for the amount, -with 2Cs costs. IE CORITN V. COLE. Claim for £3, for a week's wages at 18s per day. Mr Lee was for plaintiff. Defendant had filed a set off to the amount of £4, on the ground that while plaintiff was working as a journeyman carpenter for defendant at the Wesleyan Church, plaintiff carelessly broke a glass font valued at £4, and that plaintiff had received a written notice from the trustees of the church demanding compensation to that amount. The set off was not allowed because it was in the nature of an ascertained debt due by plaintiff to defendant. The defendant then pleaded that he had not agreed to give plaintiff" wages at the rate of 10s per day, and that he was really not worth as much. On this point Mr E. L. Smith gave evidence to the effect that plaintiff had worked for him at the Post-office building at 7s per day. Plaintiff was not a first-class workman ; he was not worth 10s per day. He (the witness) had given him 10s per day for one week at Dr Gibbes' house, but that was merely because he did not think it worth while to give less than the current wages for one week's work. His Worship said that it was plaintiff's business in engaging a man to arrange with him what wages the man was to receive, otherwise the man was entitled to the current wages. Defendant could have soon seen whether plaintiff was or was not worth the current wages, and if he saw plaintiff was not worth it then defendant should have told plaintiff what wages he would get. Judgment for £3, with 9s costs. There was no other business before the Court.