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Queensland Times, Ipswich Herald and General Advertiser, Tuesday 30 November 1886, page 3

Monday, November 29.

(Before the Police Magistrate.)


Benjamin Wilson was charged, on behalf of James Gulland, with refusing to quit and give up possession of a certain holding occupied by him, at the Newchum Coal-mine, Dinmore.

Mr. Cardew appeared for the complainant, and Mr. Drysdale for the defendant, who pleaded "Cause to show." Service of notice to quit on the 12th day of November was admitted. James Hardwick, manager of the New Chum Colliery for Mr. Gulland, deposed that the latter had several cottages on his land at the mine erected for the use of miners in his employ: had authority to act as agent for him in the matter of letting these cottages; defendant rented from witness cottage No. 11, which had been occupied 'before by a man named Smith; Smith gave up possession by handing over the key to witness; defendant bad spoken about the cottage prior to this and he then came again, when witness agreed to let' him the cottage for 4s. a week, on a weekly tenancy; the agreement came into force on the 3rd of April last, and de-fendant had occupied the cottage since; he had been working for Mr. Gulland as a miner; the pay-day at the mine was the second Saturday of each month, and defendant's rent was deducted each pay-day; the first pay after he took the cottage was on the 10th of April, and the week's rent was then deducted; sometimes the pay was for four weeks and some-times for five weeks, and the rent was deducted accordingly; the rent had been paid up to the 6th of November; five weeks' rent really was due at the pay, but only four was demanded, as one was accruing when the notice to quit was given; demanded possession of the cottage before giving the notice to quit; defendant still occupied it; was authorised by Mr. Gulland to give defendant the notice to quit.

By Mr. Drysdale: I do not remember who was present when the agreement was made; it is usual for me to tell a tenant that the tenancy will be a weekly one; defendant, with others, is on strike; some of the tenants have left after giving or receiving a week's notice;. if a man.breaks the colliery rules, he is liable to he cleared out of the mine or brought before the magistrates, but men are never required to leave the cottage without a week's notice.; men have always before had the good sense to leave without trouble: men may be turned out of their cottages at a week's notice, but, by the colliery rules, a miner intending to leave work is required to give fourteen days' notice; the colliery rules and the cottages have nothing to do with each other; the rent was not deducted in the same way as the Hospital contributions.

By Mr. Cardew: On the second Saturday of the month we pay from the first to the last day of the previous month and deduct the Hospital contribution for the same period from the month's pay; the rent, however, is deducted up to the pay-day.

Arthur William Hunt, clerk in Mr. Gulland's employ, produced the rent-book showing that rent at the rate of 4s..per week had been charged defend-ant and deducted from his wages each pay-day, and, in part, corroborated the evidence of Hardwick.

William Field, residing in Ipswich, and formerly acting as financial agent for Mr. Gulland, deposed that the cottages at the New Chum had been built since the date of the colliery rules, put in in evidence, and bearing date "August, 1882;" had paid wages to defendant and deducted rent due from pay-day to pay-day, and Hospital contributions from the previous month's pay.

Mr. Drysdale called no evidence, but submitted that the tenancy was, in effect, a monthly one, and asked the Bench to give his client a little time.

His Worship ruled that James Gulland was entitled to possession and ordered defendant to quit; and to pay £2 17s. costs.

Judgment was accepted by Mr. Drysdale in two other similar cases – against John and George Hughes – in each of which £2 2s. costs were allowed to the complainant.




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