RESIDENT MAGISTRATES COURT. THIS DAY.

Taranaki Herald, Volume XLI, Issue 9286, 12 January 1892, Page 2

RESIDENT MAGISTRATES COURT. THIS DAY.

Tuesday, January 12.— Before C. C. Kettle, Esq., R.M. VIVIAN V. CO-OPERATIVB COAL COMPANY. This was a claim for wages. Mr Roy appeared for plaintiff. — James Mitchell Vivian said that he had been employed by the Mokau Co-operative Coal Company. He claimed £26 15s for working 53£ shifts at lCs per shift from August 5 to November 5, 1891. He had received £3 2s 6d from the Company, but had worked three weeks since. He produced an acknowledgement from tho manager of the Company. — Mr H Joll at this stage appeared and said that he had written authority to appear for the Company. Ho then produced receipts for money signed by Mr Vivian. — Tho plaintiff stated that he had received £3 2s 6d, but since then ho had worked three weeks, and he expected this money to be put as contra against his further claim for three weeks' work. — His Worship said that the receipts put in by Mr Joll showed that tho Company owed plaintiff £18 4s. — The receipts wore handed to plaintiff, who admitted receiving tho £3 2a 6d, but ho would not admit the order £5 odd for stores.— ln answer to His Worship plaintiff stated that he had received £3 2s Gd from Captain Reardon on November 11. Ho worked at Mokau after November 5. — Mr Joll Eaid that was after tho manager had left. — Plaintiff said that he had given Messrs Joll Bros, an order for £5 odd, but he had never got the account so as ho could see if the order was all absorbed by the account. Uo had nover got his store account although he had asked for it — His Worship Baid that he would give judgment for £20 15, less the £5 3s Gd and £3 2s Gd, viz, £18 9e, and costs £2 12. His Worship reserved tho right for Vivian to sue for any balance that might be due to him on the store account of £5 3s 6d. His Worship stated that he was satisfied that the £3 2s 6d uhould be deducted out of the claim . now made in Court. —Mr Roy stated that ho had arranged with Mr Joll to render an account of the stores. — The Court rose.