MAGISTRATE'S COURT.

Dominion, Volume 3, Issue 816, 13 May 1910, Page 9

MAGISTRATE'S COURT.

(Before Mr.;\V. R/Haselden,' S.IT.) | ■ ■■ -■* j MASTER AND APPRENTICE. PAYMENT FOR TIME LOST. An. interesting- industrial case was submitted to the ■ Civil Court, when the Wellington United Furniture Trade Industrial Union of. Workers claimed to recover £10 from S." S. Williams, Ltd., cabinetmakers, as a- penalty for an alleged breach of the Furniture Trades' Award, in that they failed to pay an apprentice, Francis Alfred Ludlow, his wages for tho weeks ended Jlnrch 19 and March 26, 1910. Plaintiff also claimed a further £10 as a- penalty for a similar alleged breach in regard to another apprentico named Victor Styles. Mr. Fitzgibbon appeared for. plaintiffs, and Mr. Ulair for defendant. Mr. .Fitzgibbon informed the Court, that defendant admitted the facts in the statement, of claim, and also that the two apprentices were absent through illness. The period of absenco in each caso was not tho' period of absenco for which failure to pay was made. In tho case of Ludlow the absence was in February and the omission to pay did not take place until March. Tho same general statement could be applied to Styles. Counsel submitted that ns the facts wero admitted an offence had been committed, and that therefore defendant must ha penalised.. The penalty asked by tho union had been asked because tho union considered that employers should not commit breaches of tho award ns was alleged had been done in the present cases. Mr. Blair stated that Ludlow was employed under apprenticeship indentures for five years. He was absent at various times, a fortnight in all, through illness, and the employers took up tho position that tho apprentice was bound to eervo a full five years. Until the apprentico had served his full five yfcars, it wael urged that he was not qualified, and all that was asked was that the apprentice should make up his full time. Thu union would probably contend that it was sufficient if tho lost time was made up at tho end of the five years period, but defendant thought the time off should be mado up at the end of each' particular year. Ludlow's year ended on March 11, and ho had been away for two weeks that year. Mr. Williams suggested that ho should put in a fortnight to , mako up this full first year without! payment, as ho had been paid for the full year. Tho authority for this was contained in the provisions of tho indentures of the apprentice, and also in. Section 14 of the Masters 'and Apprentices Act. Counsel.contended that it was the''duty'of tho apprentices to complete tho year as suggested. A man- did not become a journeyman' because of a special skill in the trade, but because he had served his live years' apprenticeship at tho trade. Counsel proceeded • to stress this point, and , quoted an exaggerated case in which a man might be ill almost, tho whojo time of his apprenticeship, and yet, at the end of the term of five years', still bo a journeyman. His Worship: "Some of the journeymen, I should say, must have put in their time in Hint way." (Laughter.) Mr. Blair submitted that the whole question wns.es to whether that additional' time should be served at the end of each particular year as h© suggested or at tho end of fho five years' term. Mr. Fitzidbbon said every apprentice had to Fervc his five years, and that service had to bo paid for. It was not n question of service in thco cases, but nf pnvment for services. Now that the union understood the facts of tho cast) they were quite satisfied that tho matter of penalty wns one they should soy noIhintr about. Ho would suggest, however, U>!it if employers would only communicate, with Hin secretary of tho union in cases in which they had any doubt, much trouble might be saved. Mr Blair look tho opportunity of nointinu out that Mr. Williams paid his apprentices more tlinn the minimum vngp and \va? testing these cases to got tlm" exact position. , His Worsliiii saiil'he riirl rot ibinV the lf?nl poriiiin tnVcn up by Mr. Blair could lie maintained. Ho could understand that tho employer would think it

a sound contention, or at all events one that could be argued for decision. .Under the- circumstances a nominal penalty _of 10s. in each case would bo imposed, with, costs £1 Cs. Mr. Blair asked hia Worship if he could not iiidicalo the position of the employers. They wcro no further forward. His Worship said that at present he did not think a man had to mako up the iost time. As far as he could sec it was impossible to comp-sl the apprentice to make up lost time cither at the end or at any period of his apprenticeship. UNDEFENDED CASES. (Before Mr. W. R. Haselden, S.M.) Judgment avos entered for plaintiff by default of defendant in tho following civil cases:—E. W. Mills and Co., Ltd., v. Maurice P. Spiers, .£l3 15s. Gd., costs ■£2 18s. Gd.; E. and K. Tingey and Co., Ltd., v. Wm. Henry Thomas, .£lO 175., cists £\ 10s. Gd.; U. Norton and Co. v. Martha M'Grogor, .£8 Ss., costs .tl 3s. Cd., against separate estate; Richard Brown and Son v. W. Braithwaite, £\ 25., costs 10s.; Union Clothiiiß Co. v. John M'Ginnity, £1 4s. 7d., costs Gs.; Norman Gibhs as liquidator Palmer Engineering Co., LU., v. Alexander Munro, £3 10s. Sd., costs 10s. j Public Trustee v. Andrew John Jlastie, iC27 7s. 2d., costs 145.; National Bank of New Zealand v. Richard Eduiiind Stratford, £& ,1«. 3d., costs M 7s. Cd.; Norman Gibbs as liquidator Palmer Engineering Co., Ltd., v. J. Cragg, ,£3 3s. 8d.,-costs 10s.; Cologrove Tea Co. v. W. Miller, £9 18s. Bd., costs £1 10s. 6d.; J. E. Butler v. Kildare Lynch, £R 195., costs .£1 Us. Cd.; Te Aro House Drapery Co., Ltd., v.. Susan James, £26 17s. 7d., costs £2 145.; Townsend and Paul, Ltd., y. Michael Patrick Naughton: £2 Bs. 2d., costs 125.; Sims Hardware Co.. Ltd.; v. Thomas O'Noil. .£2 Bs. Bd., costs Us.; Wellington Publishing Co., Ltd. v. Pony and Galloway Club, £2X 17. 6d., cots Bs. ' POLICE CASES. (Before Mr. W. G. Riddell, S.M.) CONSTABLES ASSAULTED. , A SEMES OP COMPLAINTS. "Guilty, sir— as far as I know," was the nonchalant response of a larße-fraiiied man named Richard Duij?nan, to a charge of havins assaulted Constable Steevens whilst in tho execution of his duty. Suh-Inspeotor Norwood , stated that wheu tho coastal)le was arresting another man in Tiuakori Hoad accused came up and made an endeavour to free tho misdemeanant. AVheu. warned by the constable that ho too would !« arrested if ho did not keep away accused left, but he returned the , charge a few minutes later, armed with a big stone, with which ho struck Constable Stecyens on the forehead, iuflicting a severe wound, which had to be attended to by a doctor. Thn constable held to his original charge, and eventually lodged him in tho lock-up. There was one previous chargo of assault against the accused. His Worship sentenced Duignan to 11 days' imprisonment with hard labour. John Kineella was charged (1) with iuaobricty, (2) with using obscene language, and (3) with having assaulted Constable Steevens whilst hs was in tho execution of his duty. It was stated that accused was making a noise near the hotel in Tinakori ltond, and when the constable camo on tho scene and warned Kinsella, the latter struck tho constable on tho mouth in the ensuing struggle, and the language complained of was used. Mr. P., W. Jaekson, for accused, said his client was a hard-working man, who [ had only arrived from the Kinff Country on AYednesday. He had celebrated his arrival well, but unwisely, and Was truly sorry for what had happened. On tho first charge accused was convicted and discharged; a fine of £3, indefault 21 days' imprisonment, was entered for using obsceno language, and for the assault a fine of dOs., in default 14 days' imprisonment, was imposed. When a man liamed Walter Harris was proceeding alon? Abel Smith Street on Wednesday evening his actions attracted the attention of Constable Shaw, and a? an outcome Harirs.was charged (1) with disorderly conduct whilst drnnk, (2) obsceno ' language, ind (3) assaulting Constable Shaw whilst 'ho was in tho execution of his duty. When tho constable was taking Harris to the station the language complained of was used, and, without any provocation, accused "hauled off" and struck the constable on tho nose. On the first chargo a fine of 205., in default, seven days' imprisonment, was entered, on the second, and. third charges aocused was sentenced to one month's imprisonment, the sentences to run concurrently. OTHER CASES. Robert' Pobar, who appeared. on remand on a charge of disobedience of an order for the maintenance of his mother (arrears £li 55.), consented to pay .£7 into Court,, and to pay the balance in weekly 10s. On this understanding a conviction and order to comeup for sentence when called on was entered. Mr. O'Leary apjeared for defendant. . >' ' Peter Shaw, oharged with insobriety, was convicted and discharged, accused's defence being that he had been celebrating his birthday. One first offender was convicted and fined ss. James M'Convillo _ was convicted and fined 10s. for insobriety, and for having procured liquor from some person unknown during tho currency of a prohibition order. Tho same defendant was convicted and fined 405., .with*tho alternative of seven days' imprisonment.

HEA.LTH HINTS POU EHEOMATICS. Diet plays an important part in Ehoumatism, Lrout, Sciatica, Lnmbago, and kindred complaints. Thoso troublwi with these diseases should bo carefui, for some foods encourage the formation of urio acids.. Avoid red moats, boor, vinegar, epices; u» tea and coffee sparingly, and— most important of nil—tako EHEUMO. It is the ono medicine that will quickly and effectually enre Eheumatism, Gout, Sciatica,. Lumbago, and their attendant evils. The first dose of KHETJMO gives relief, and its use will bo found to effect a complete cure. Your chemist or storekeeper sells it. 2s. Gd. and is. 6d. a bottle. Give it a trial.—Advt. . 3 An additional sura of .£37,500 has bean granted by tho Geraian Government for tho' , support of tho tobacco workers out of employment in consequence of the now taxes. The'moniy is to be,distribnted as soon as the ,£200,000 already granted is exhausted. Tho most distressing cough, I fear, Is what the babes endure, So vrncn tno oorriu wnoop is near Just send for Balsam Curo. BARRACLOUGH'S ACACIAN LUNG BALSAM, U 6d. Old gent (a bit of a phrenologist): "There, Maria, there's a wonderfully developed forehead; look at his bump of benevolence. Now, it—-" Little girl: "Please, sir, 'is 'ead ain't always so swelled, but ho keeps throwin' 'is diabeler hup and ketchin' it on 'is forred."