RESIDENT MAGISTRATE'S COURT.
["Before A. Turnbull Esq., R.M.] Win. Satchell v. Geo. Canton. — Claim for £6 for medical attendance and medicines. Mr Pitb who appeared for the plaintiff said that defendant had paid £1, and ho asked for judgment for £5. Judgment was given for amount claimed and costs 29s Gd. Same v. John Driscoll.— Claim for £3 10a 6d for medical attendance and medicines. Judgment for amount claimed and costs •17s Gd. Mr Pitt appep.red for the plaintiff. Bond Finney and Co. v. Kothwell Bros,— Claim for £1 7s for subscription to Colonist. Judgment for amount claimed and costs 18s 6d. Batt v. Brooks. — Claim for £44 16a for work done. Mr Fell, who appeared for the plaintiff, called George Batt, who said : Defendant took a contract to construct a bridge at the Hope and I became ono of his sureties. He also asked mo to go into partnership, but we did not, but wo arranged that I should work on wage 3. I was to work with my bullocks at 12s a day, and without my bullocks at 7s. I took eight bullocks with mo. 1 employed in the work from September 26th to November 25th ; then we knocked off. The Government stopped the work, as the piles would not drive. I had no idea howlong' we had been stopped. I did not go home, as I expected to go on with the work. Brooks told me nothing. The Christmas' holidays came, and on the 23rd January the Inspector told me to start. I worked on then till the 9th April, and then the contract was finished. I have had no money from Brooks. I asked him once and he said he had no money. On the Bth of April I Wrote him a letter stating that I would take £30, as I know the work had not been remunerative. 1 sent him. the account with the letteii I saw Brooks about a week after and he said he could not read or write, and he made out that he did not know what the amount of my
olaim was. I told him what I would take. He said then we were partners. I said 'No suoh thing.' I told him we had agreed for 12s a day for bullocks and my work, nnd 7s for my work only. He said there was no agreement. He told me I had not worked well, but he had never complained to me before. When we started, my bullocks were the only ones on the job.' Brooks then brought 6 bullocks down, bub they were in very poor condition and couldn 't work. I have allowed him 20 weoks ab 14s a week for food. I was never paid any wages by Edwards (hotelkeeper), but I worked for him in the interval when we were knocked off the bridge. The ordinary tucker allowance in camp ia 108 and at the hotel £1. He (Brooks) now owes me .€44 10s. Cross examined by Mr Pitt : It was never agreed b.tween. Brooks and me that we were to be partners, I know a man oalled James. He did not undertake to cart the timber. There was 15,000 feet of timber to oart. I kept the time I was working with the bullooks. I consider that when I am looking for bullooks I am at work. The work was stopped because there was a mistake in the plans of the bridge. I could not be a partner, because I was a surety. Re examined : I had nothing to do with the business of the bridge. Brooks never consulted me. Jamea Thomas : I knew that defendant had got the contract, and I was one of his Eureti'.'H. Brooks thought that £50 was to be made out of the job, and it was agreed that Batt was to ba a partner. A day or two afterwards Brooks oarne in and said Mr Baigent objected to any partnership, and if there was one he would not supply the timber. Brooks then a aid Batt should have full work with his bullocks on the oontraot from first; to last. Brooks' bullocks were in very poor condition. Batfc's bullooks were ia good oondition. Gross examined : Mr Batt wanted his cattlo on tha way to the West Coast. They were in good oondition. Re-examined : Brooks said Batt was one of the best men he had on the job. This was the plaintiff's case. Mr Pitt for the defence, called William Brooks, who said: I am the contractor for the Hope Bridge. I told Batt he could be I either a partner or a day man. He said he would think about it, but he gave no decisided I answer. Batt took up 6 or 8 bullooks. I had 7 bullocks, I took ac much with mine as he did with his. Batt was sometimes half the day finding his bullocks. I paid 18s a week for his board at the hotel. I charged the other men 14s a week for tucker in camp. When the work was stopped I told him he had better go home, as the work might be stopped for a month or two. He never asked me for money all the time he was working. I never saw a time book. Batt's time was never kept. Cross-examined : I never grumbled at Batt for not working. It is not true what Mr Thomas says that my bullooks were in poor oondition. Edwards told me he had charged Is a week for Batt's bullooke all the time he was there. — Dixon : lam a contractor. Batb was working at ibe bridge. I d'd nob kaep his time. Bat; worked well. Ho was uway at odd limes looking after his bullooks. I tbiiik 3s a hundred wr-s enough to draw the timber to Ihe bridgo. This otosod the case for tfoe defeooe, and His Worship gave judgment for £35 16s, ar.d o .an £4 10s lOd.
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RESIDENT MAGISTRATE'S COURT., Nelson Evening Mail, Volume XXIV, Issue 100, 29 April 1890
RESIDENT MAGISTRATE'S COURT. Nelson Evening Mail, Volume XXIV, Issue 100, 29 April 1890
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