CIVIL BUSINESS.

Dominion, Volume 2, Issue 469, 30 March 1909, Page 9

CIVIL BUSINESS.

: (Before Dr. A. : M'Arthiir, S.M.) ' A HORSE DEAL. In the' Civil Court Lionol Charles Bnrke, jarrier,-Kilbirnie, sued Harry M. Bertenshaw ind "Walter A. Evenson, trading as Bertenshaw and Evenson, auctioneers, for the recovery of MO damages, alleged to have been sustained through the alleged non-delivery of a horse said to have been sold by defendants to plaintiff. For the defence it was urged that plained had not taken delivery of the horse, and that the money had not been paid to a member if defendants' firm. His Worship reserved his lecision till Thursday. Mr. Organ appeared 'or plaintiff, and Mr. M'Grath for defendant. SERVICES RENDERED. A. C> Pearce nnd Co.; land and estate agents [Mr. Blair, instructed by Mr. Arnold), sued Patrick Dwyer, hotelkeeper, Woodville (Mr. \V. H. D. Bell), for .£37 18s., for work and attendance on defendant's behalf in taking an inventory of stock at defendant's, hotel, valuing the stock, and obtaining a mortgage on behalf of defendant. Defendant admitted liability for .£l3 2s. for taking the .inventory and valuing the stock, but denied' that he had Riven plaintiff power to, obtain the mortgage. Tlio case was adjourned sine die for legal argument. SEAMEN AND THEIR EMPLOYERS. ALLEGED BREACH OP THE ARBITRATION AWARD. . The Wellington Seamen's Industrial Union of Workers (represented by Mr. Young, secretary) claimed from the Wellington and Wanganui Steam Packet Co., Ltd. (Air. Herdman), the sum of .£lO, ns a penalty for an alleged breach of an award of the Arbitration Court. It. was alleged, that Frank Berry, a lamp-trimmer or, the steamer Stormbird, was employed in the months of May and June, 1900, on various occasions, in raising steam on the donkey-boiler for cargo purposes, prior to 8 a.m., for which the defendant company refused to pay overtime in accordance with the provisions of the award. The plaintiff union also claimed .£lO, with respect ,to an alleged breach in regard to Charles Moore, lamp-trimmer on the Huia, who had been similarly employed during the month of June, 190 S. . . In his Worship's opinion the' defendant company had been guilty of a breach in each case, and the Court considered that Berry and Moore wore entitled to overtime for time worked prior to 8 a.m. Counsel for the defendants, howover, had relied on Section 2G of the Act, which was as follows:—"No action shall be commenced for the recovery of any penalty under this Act, save within six months after the cause of action has arisen." The cause i'f action in the present case arose in June, 1908, but the action was not taken until February, 1909. His Worship therefore held fhat the action was barred, and gave judgment for the defendants. Considering the merits of the caso, however, ho would allow no costs. KEEPING UP STEAM ON SUNDAYS. Reserved judgment was also given by Dr. M'Arthur, S.M., in the caso of the Wellington section of the Federated Seamen's Industrial Union of Workers (Mr. W. T. Young) v. Richardsonl and Co., ltd., of Napier (Mr. Herdman), a claim to recover the sum of .CIO as a penalty for a breach of the Arbitration Court award. Plaintiff claimed that Frank Pearcey and Patrick Morris, firemen on tho defendants' steamer Kahii, were employed on different occasions in April, 1908, at various bays nnd roadsteads on the East Coast in maintaining steam on the main boiler, on various Sundays, for tho purpose, of discharging and shipping cargo, for which work the company had refused to pay overtime, in accordance with the award. His Worship held that for the reasons stated in the (lecision in the case of the same plaintiff against tlie Wellington and Wnnganui Steam Packet Co., this action was barred, being commenced more thun six months after tho causo of tho action occurred. Counsel for tho defence- stated that if tho preceding point did not avail ho would plead guilty to n technical breach of tho award. Tho Court could not agree with him hero, because it considered the action of defendants' in itself, 'and' in thelight of previous correspondence between the secretary of tho union and the secretary of tho company, a serious breach. Judgment must be for tho defendants, but for the. reason given abovo no Costa would bo allowed.