MAGISTRATE'S COURT

West Coast Times, Issue 10425, 2 December 1896, Page 4

MAGISTRATE'S COURT

Fkiday, Dec. 1. (Before D. Mocfarhne, Esq., S.M.) Augustus Qihnn v. David Beatty. The Court was occupied yesterday in hearing this case, which was a claim for £42, amount dua by defendant t:> plaiutiif on account of wages. The evidence was to the effect that the plaintiff was engaged by Mr Clifton, agent for the defendant, to wot kas .vigestnan in a claim at Back Creek owned by Clifton, O'Neill and defendant. At the time oil the engagement nothing wissiid as to payment to plaiutiff for the time lost through want of water to work the claim the contract being j, weekly engigemeut at £2 per weak. The .plaintiff's services were at the disposal of the defendant from the 14th April to the 14<;h November oi the present year, bit during that period he hid not worked ou the claim for about 8 weeks owing to the scarcity of water. During a portion o£ the fcuae he was unoccupied he hud pegged out a claim and worked in it with Clifton and others, but put on a wages' man whenever Clifton desired him to work in defendant's claim. £22 previously to the hearing had been paid into Court and Mir Park, for defent'endanj, contended that this sh.ou.ld be accepted as payment in full for wages due. Mr Beare, for the plaintiff, argued strongly to the contrary, contending, there was a complete contract between the parties, and that as pia'ntiff's time and services were at the disposal of the defendant or his agent during the period of the engagement he was entitled to a verdict. His Worship decided to give judgment for plaintiff for £34 with costs. j