A. J. pa Cruz v. H. Evaxs,—$25 wages. Defendant denied plaintifis right to the wages.
"A. J. da Cruz, sworn, stated—I entered defendant's service as clerk on the 23rd January last. The understanding was that I was toget $25 month and be found. With the exception of taking my midday trical on the premises I waived my right otherwise and ved outside. Tcoutinued in his employ till the 16th of this month, when 1 was discharged without any notice. "I was paid from the Ist of Febroary, and received my wages for that month, as also for March, but not for this month, I make no claim for the week I worked in January. I claim for the whole of this month, because 1 believe Iam entitled toa month's notice.
Defendant explained that he agreed to pay plaintiff $25 a month and give him board and lodging, but on condition that, in consideration of the smallness of the wages, plaintiff was to be allowed to leave without giving any notice if he could better his position; and' defendant reserved likewise this right to i, Plaintiff' was on trial in the week in January, and regularly entered his service on the Is$ of February. A few days after, he asked for an advance from his wages, and defendant yave. him $2. Plaintiff was absent the next day, as also just after he received his salary for March; on the 21st of that ninth, getting another advance, he was again away fern ins duty and remained "20 four days. He took no notice particularly of this conduct, believing that the man was really sick as-he alleged, but it having been repeated so often and so regularly after getting some money it created some suspicion in his mind. On plaintiff's return on the 25th March, he spoke to him about his conduct, and warned him that if he was again to absent himself he was to take that as his dismissal. He had been told that plaintiff's illness was caused by drink, Notwithstanding this warning he was again absent on the 8th April. Defendant took no notice of that, On the 16th he did not come to work, nor had he returned to it since. On the 15th defendant found plaintiff asleep in a chair in the office. His not returning after his absence on the 16th was evidently in consequence of the warning he had got; for a few days after he cent for his wages, Plaintiff to Defendant—I was absent several days during March, and I wrote to you telling you I was unwell. T was not drank. On the 25th March you told me that if I was absent again I would be disch: and said that you were sorry you had heard I was in the habit of conducting myself in a similar manner in previous employments. I was aw on the Sth of this month. On the 15th doing and Thad posted up all the books. Bat Tia fall asleep, because there was nothing
you didn't tell me to get up and pinch myself, T didn't go to office on the 16th and 17th because I was unwell. On the 18th I wrote to you accounting for my absence. I could not do fore because I had no servant to take the note. In reply to my letter I got your note (dated 16th) dismissing me on the ground of my frequent absence. I'did not bring with me that letter. You did say something in the letter to the effec that I had been told Lefore that [should be discharged if'I were again away from my work. I wrote to you othe 19th asking for the salary that might Lo due tome. I swear that I wrote to you twice, and that I didn't ask for my wages until Tad got your letter Aismissing me, "You told me to call upon you, in answer to my second letter, it I wanted my wages; I did so, but instead of paying me ly you abused me.
Hexay Evaxs, sworn, (having repeated his statement, added)—Plaintiff never appeared since the loth. 0: eh I prepared a lutter discharging hi to send it to him by the man who should bring a letter from him excusing his absence, as no my premises knew where he lived. Th was only communication I received fi and his letter demanding his wages, 1 found in my town house, where it had been left for me. Upon the fly leaf of that note {wrote to him to call. It was dated the 19th. If he did write excusing his absence Tnover gut the letter.
By Plaintiff—I cannot account for your getting my letter of the 17th. 1 left it on the table when I left my house and I got your lotter asking for the balance of your wages when I got to the town house.
Plaintiff to the Court—I had abillious at tack on the 16th April, from the effects of which 1 continued to suffer for two days. On the Sth I was unwell. I cannot recollect what was suffering from on the 2ist March, any further than that was indisposed. I' have no vant to send a chit to defendant. There is a person living in the house, but Teould not send that person to defendant with my letter as he did not know the house.
His Worship said he felt no doubt that plaintiff's illness was to he accounted fur in some such manner as defendant had done; employer had a right to dismiss his servant without notice if he misconducted himself and the latter at the sime time forfeited the wages accruing to him. Plaintiff had win conilucted himself, and defendant' was justified in putting him away in the manner he did; nor was plaintiff entitled to his wages because they would be due only at the end of the month. He therefore dismissed the case.
Text read from the printed page and cleaned; old type leaves the occasional error.