ELTHAM.

Hawera & Normanby Star, Volume LXXII, 26 October 1916, Page 8

ELTHAM.

(From Our Own Correspondent.) • MAGISTRATE'S COURT. WEDNESDAY, OCTOBER 25 (Before Mr W. R. Hase 1 g^ Civil C^es-^-Judgm^ A .^^ was given in the roll©' bases nes Walsh v. Geor'^ 15s, costs 6s; Or..- rurn-^- %nd -go^ v# «. Robinson, £1 10s .5^ por/£<i3E <CASE. , Obscene L'^.u^ge—A. SI. Henderfeoa. was coi^jJQ^^ on a chasvge of having used language, at Kappiiga <Qn Sept ,9th. According to the evident \h& language «teed had teen v^ry -hsd. } &cd. the Magistrate stated . that af -fee -had. it in his power he would eentenoa 4he accused to unprisoiwnent without the option of a fine. It would certainly $& better for the eonuaunity that the accused should be imprisoned. H« would be fined £10; in default, cne monthls imprisonment. He vould be allowed two months to pay the fine. SKAREMILKING DISPUTE. John Ho\vard s of Elthain, sharemilker, sued Martin Bolger., of Hawera, farmer, for £191, being £1?5 for damages for alleged breach of a sharemilkI ing contract., and £16 f»r l<*bor. AlterDatively he sued for £56 for vages. Plaintiff alleged' that he .had ei-tered into a sharemilldng contract for the .present milking season, .and that .milking machines were to b e used, fh© nachines, he stated, were so inefficient that, he could not use them, and he therefore gave notice *io' t-he defendant of his intention to leave. Ihe agreement was made in May, and was to continue for the 1916-17 i.- liking season. The defence was --that there was no concluded contract between the parties, and that even assuming there the contract, not being in writing and contemplating a longer .period than a year r was unenforcable. ~..«. . T After hearing Ahe piamtitt, tn.e Magistrate said he was1 satisfied vthat the claim for damages <£175) could not succeed, for 3 the reasons raised by the aefence, but he thought that, .apart from any legal questions, the t'efendant should pay a reasonable amount for the work actually done. Counsel for the defendant said that his "client had Always been willing to do this. - ._ , After a short conference* between the parties, counsel stated that ..efendanti! 1 had agreed to-pay £25 to -plaintiff for the work done, and the claim for damages would be -abandoned. Mr T B Crump appeared for plaintiff and Mr P. ODea (instructed by Mr G. H. Ryan) and with him Mr Ryan, for the defendant.