3-225 (Text)

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The defendant is one of two men who were engaged by Mr. Carter from the Immigration Depot, Melbourne. The following is a copy of the agreement 
Memorandum of Agreement made 7th. September, 1863 between G. L. Carter, of Fryerstown, of the first part: and John Kerr, free immigrant per ship - , of the second part. The conditions are that John Kerr engages to serve the said G. L. Carter, as maker of women's boots and shoes, by piecework (being a thoroughly competent and good workman) for the term of twelve months, in consideration of which services the said G. L. Carter agrees to pay the said John Kerr wages at the rate of 100 per cent in advance upon English prices".
G. L. Carter stated: The defendant entered my service from the 7th. September to 2nd. October. He did not give me any notice of his leaving. The agreement was written at Fryerstown, and finished by the Immigration Office, Melbourne. ... The first week he earned 14 / -; the last three days he earned 16 / -. The defendant could have earned 35 / - to £2 per week. There are three kinds of work - order work, shop work and manufacturers' work; mine is manufacturers' work: the lowest price of all is paid for the latter class. ... I have received some encouragement to proceed with this case. The Immigration Department sent me a reply to a letter on the subject. I have not got that letter. I commenced the proceedings voluntarily, though I got some encouragement. I had an interview with Mr. Panton, sub-treasurer of Castlemaine, on the subject.
Edward Cleary stated, in answer to Mr. Makinson - I came out to this colony with defendant. I was employed in Manchester doing work. I have done all kinds of manufacturing work. I was not engaged in manufacturing work for Mr. Carter. The articles put in the boots are superior to what I put in manufacture.  I told Mr. Carter he was not giving me 100 per cent on home prices. I got food from Mr. Carter. I could not go away. 2 / 6d. is the lowest price in Manchester; Carter gave us 3 / - first; he then advanced us 4d. I get 2 / 6d. in Manchester for the same work. Carter and myself have cancelled our agreement. Burnett (another employer) gave me 6 / - (per pair) in Fryerstown. Kerr could not make more than eight pairs per week. I swear that Carter has not given us 100 per cent advance on English prices.
Mr. Leech