RESIDENT MAGISTRATE'S COURT

Inangahua Times, Volume II, 23 September 1881, Page 2

RESIDENT MAGISTRATE'S COURT

Thursday, 22sd Sept., 1881: (Before W, H. Kevell, Esq., K.M.) Brown v. Oriental Company. This was an action for £27 10s for ser* vices rendered at the company's mine at Devil's Creek. Mr Lynch for plaintiff, and Mr Jones for defendant. Mr Lynch stated that the first item in the bill of particulars- was- for £2 25, for inspection of the mine. The second item was for 30' days Work* at the mine at the rate of £5' per week. G. W. Brown : I am a general mining manager and practciiil engineer. Byrne one of the directors, instructed me to go to inspect the mine, and to report, which I did; I reported to Mr Brennan in the presence of two directors ; I consider £2 2s a fair charge, and which J have on former occasions always received for similar work. I was afterwards instructed by Mr Brennan to take out some men, and to do the work recommended by me in my report ; I did so, and was in charge of the work for five weeks atd half a day. On going out, I told Brennan that I would not undertake the work for ordinary laboring wages, and he said that he did not expect me to do so, but that I should receive fair manager's salary; I am a mine manager of long standing and experience, and have never been engaged at anything less than I now charge. By Mr Lynch : The customary wages for a captain of a shift is 10s above the ordinary wages, but a mine manager is a different appointment, and is paid ac« cordingly ; I offered to take a guinea for the inspection, but never offered to take £4 per week, for salary. Had it been offered I would have taken £4 per week sooner than to come to Court ; I did not understand when I went out that I was Ito be coosidered as the boss of shift ; I went oat as manager, P. Brennao: I am manager of the Oriental Company, Devil's Creel. On employing the plaintiff, be said that he would Dot go out for ordinary wapes ; I i 1 said the directors did not expect him to go otherwise than as a mining manager, as the directors knew that he had a special knowledge of the particular work required. He lias more than, ordinary knowledge in reefing, but other men in the field are receiving less than £5 per week for similar work. The charge of two guineas for inspection I consider excessive— one guinea would be a fair charge, as other men are only charging £1 for inspection of the same mine. A mining surveyor would cbajgo two guineas and expenses. Cros9«examined by Mr Jones j The directors were aware of the plaintiff being in charge of the work with two men ; I consider the plaintiff possesses a more than ordinary knowledge of mining, he is one of the best in the field ; £4 per week is the ordinary rate for a mine manager with only a few men under him. : This conclnded the case for plaintiff. r The following evidence was called for the defence :— Francis M'Guigan : I am a director in the Oriental Company ; I know that the plaintiff was engaged for the company first to make an inspection and afterwards to superintend the work of securing the Shaft ; I knew that Mr .Brennan had told the plaintiff to go out to work ; I saw him in town on company's business, when the shaft was cleaned out. He wts again sent oat to open a drive ; I understood that he was only to receive ordinary wages of 10s for making the inspection and other work. John Butler : I am a director of the Oriental Company ; I know Brown. He was sent out to inspect the mine. We allowed him 12s for inspection. Mr Beeche, who goes out occasionally to inspect the work of contractors, receives £1 a visit. A boss of a shift receives £3 10s per week. A mine manager on this field receives from £4 to £6 per week. Brown was sent to clean out the shaft, and to pnt in a cross-cut. Nothing beyond the ordinary knowledge of a miner was required for the work he did. He was ! formerly employed for a few moßths at ordinary miners' wages, when work of a more difficult nature was done. Judgment for £21 7s 6d, with costs, and professional costs, £2 2s.