MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1024, 13 January 1911, Page 3

MAGISTRATE'S COURT.

-*- (Before Dr. A. M'Arthur, S.M.) PROPRIETOR AND MANACER. RATHER INTERESTING. Reserved decision was delivered in wo case in, -which Richard Patrick i'lauagau sued Thomas Patrick Lyons tor .£-15 18s. U., salary at tho 'rate of £234 per annum from October 1 to December 10, 1910. 'There were several counterclaims—one for £40, and others tor lesser amounts. It was stated at tho hearing that on September 10- tho plaintiff Flanagan bad given notice to resign on December 10, but had been dismissed on October 1 without cause being shown, ancl without being paid in accordance with the agreement between the parties. Defendant Lyons .countcrclaimed to recover different amounts, alleging that ilanagau had mado profit be private trading while in his employment. After'reviewing the evidence, the Magistrate said: "If a master, on discovering that his servant has becyi guilty of misconduct that would justify a dismissal, nevertheless elects to continue him in his service, he cannot, at any subsequent time, dismiss him on account of that which ho has waived or condoned. . . . Assuming that any of the transactions complained of • by tho defendant Lyons were improper (concerning which it is not necessary for me to give an opinion, although I do not think that Flanagan did anything detrimental to his employer's interest), Lyons, knowing of them at tho time, has, by his acceptance of Flanagan's notice to resign, waived or condoned them. lam .of opinion, therefore, that the defendant Lyons cannot succeed in his counterclaims. As to the claim, the plaintiff is, in my opinion, entitled to payment up to December 10. Tbero seems to be' some dispute as to two or three davs less concerning which I shall give the defendant.tho benefit of the doubt."

'Judgment-was accordingly given for plaintiff for £-14 on the claim, and also on the counterclaim,. with tho usual costs. Mr. A. Blair appeared for plaintiff, and Mr. H. L. Machell for defondant.

A SUIT OF-CLOTHES. Edward Norton, tailor, of Wellington, claimed £5 ss. from Adam D. Edgar, dentist, Nelson, value of a. suit of clothes supplied to defendant, in January, 1910. Defendant alleged a "misfit," but, as he had not returned the suit within reasonable time for alteration, judgment was given for plaintiff for tho amount claimed and £1 16s. costs. Mr. A. X H. Barnett appeared for plaintiff, and Mr. H. F. Ayson for defendant, BREACHES OF, AWARDS. The Inspector of Awards (C. E. Aidridge) sued A. A. Roy-noil, builder and contractor, Wellington, for a £10 penalty for breach of the preference clause of ilio Builders' Labourers' 1 Award, in employing a non-unionist when members of tho union wcro available. - A lino of 20s. was imposed. A. L. M'Duff, builder, Green Street, was sued by the Inspector-.of Awards for a £10 penalty for breach of tho Carpenters' and Joiners' Award in failing to -pay wages to- workmen within 15 minutes after they had left Mvork. A lino of 20s. was imposed. \; POSSESSION GIVEN.In the. case of Amelia Prendevillo v. Joseph Boasley, a claim for possession of.a dwelling (20 Holland Street), an order was made that plaintiff recover possession by January 19. George Henry Bay'iis sued Mark C'ronin for £2 15s. rent and possession of tenement,in Penrose- Avenue. 'Judgment was for plaintiff for tho.-amount claimed with costs Bs., and possession by January 19, UNDEFENDED CASES. Judgment by default was given for plaintiffs in the following undefended cases:—J. J. Curtis and Co., Ltd. v. Frederick Hiscocks, £G 10s. ad.,- costs £1 3s. 6d.; A. and T. Burt, Ltd. v. Carl P. Carlsson, £1 os. -Id., costs £2 10s:; Minister for Railwavs v. Joseph Wager Bull, £29 10s., costs £1 35.: Georgo Bowors v. Albert.-Burton-Clark, £101 7s. Id., costs £5 Us.; Commercial Agency Ltd., Assignee for'tho creditors of C. H. Knowlcs v. A. Terrill, £12 17s. Id., costs £3 os. 6d.; Edward Collio v. Henry Collins Cochran, £6 8s: Gd., costs £1 Bs. 6d.; S. Kirkpatrick and Co., Ltd. v. Mrs. J. Neno, £7 Is. 10d., costs £1 3s. 6d.; -Walter Whiting v. William Henry Shepperd, £14, costs £1 10s. 6(1.; Minister for Railways v. Mrs. W. O'Brien, £3 10s., costs ss.'; James- Kcllow, -assignee- in tho estate of Frederick Ernest' Hyde v. Geo. Winton, .£7 9s. 2d., costs £1' 19s. 6d.; AVellingtoit Citv Council v. T. Boadnall and Son, £6S 55., costs £3 Is.; Stewart Timber, Glass, and Hardware Co., Ltd. v. Pickering Bros., £27

lh f; A' 1 - . rests £1 3s -; House and Hiirrell Umiigi.' Building Co., Ltd. v. I'redonck William Mills, 145., costs 55.; \\. G. Wholesale Manufacturing Co., Ltd. v. M'Carthy, £i gs. 6c!.', costs las.; W.G. Whnlcsnlo Manufacturing Co., Ltd. v. Olds and Anderson, £2 (is., costs 10s.; Wellington Publishing Co., Ltd. v. Thomas William Welch, £11) Us. 9d., costs los.; Inglis Bros. v. I'rank Wilson, £2 125., costs 125.; InRlis Bros. v. Charles Savage, £18 os. Cd., costs £1 10s. 6(1.; Union Clothing Co. v. Frank Roberts, £8' 125., costs 10s.; Tho lloiiso and Hurrell Building Co., Ltd. v. Geo. Alex M'Uvridc, jun.\ £1 Ws. 6d., costs 55.; H. Price and Co., Ltd. v. Geo. H. Perkins, £5 13s. 6d., costs £1 3s. fid.; William Henry Ballingor v. Jas. Burling, £19 2s. Rd., costs 175.; Sargood Son ar.cl Ewen, Ltd. v. Patrick AV. Galvin. £30 Ms. 2d., costs £2 145.; P. Havman and Co. v. J. W. Thompson, £13 lis., ccsts £1 10s. 6d.; Vacuum Oil Co. Proprietary, Ltd. v. John Hacertv, £2 os. Bd., costs 10s.; J. Rigg and Co. v. Mrs. J. Shadbolt, £2 4s. 3d., costs, 10s.; Inglis. Bros. v. E. Barton and Co., £16 145., costs £1 10s. 6d.; Wellington Loan Co. v. William C. Aubrey, £25, costs £1 Bs.; Philp and Bishop v. Mary Stewart, 25., costs 17s.

JUDGMENT SUMMONSES. L. Allen, was ordered to pay tho Colonial Carrying Company £2 os. on or before January 26, in default three days' imprisonment. C. L. Allen was ordered to pay £7 13s. to Gamblo and Son on or bc-foro January 26, in default seven days' imprisonment. C. Masters was ordered to pay £6 Cs. to Gamblo and Son on or before January 26, in default seven days' imprisonment. H. L. Jenkins was ordered to pay £1 18s. 4d. to E. Stephens on or before January 26, in default three days' imprisonment. POL!CE CASES. ' : DISTURBED HIS OWN HOME. SENTENCE oFsTx MONTHS. Joseph Lea, against whom there were 23 previous convictions, pleaded guilty to a charge of having used improper language in Hopper Street. According to the police report, accused went homo about 10.15 p.m. on Wednesday in a drunken condition, and commenced breaking tho furniture and using bad languago to his wife.. Tho police were sent- for, and when a constable arrived, Lea was still making use of-improper language. His record set out that ho was a particularly mischievous individual when intoxicated; and had a habit of making matters very unpleasant at home. A sentence of six'months' imprisonment.was imposed. WRESTLING IN A BAR. Edward Hickard, appearing on remand, was charged with drunkenness and with assaulting John M'Convillo. At the previous hearing, Hickard had pleaded i'.uilty to the charge of'drunkenness, but "not guilty to the second charge, which was then "assault causing actual bodily harm." Sub-Inspector Norwood explained that the charge had been reduced, as M'Cp'nville had left the hospital, and was apparently quite well now. Accused again entered a plea of not guilty. Evidence- was given to the effect that accused and M'Convillo were wrestling, in tho bar of tho Hotel Cecil, when M'Convillo fell on the. hack of his head, and was rendered unconscious. The witnesses all expressed tho opinion that tho two men worn only "sky-larking," and the Magistrate therefore dismissed the information.. On the charge of drunkenness, Riekard was convicted and discharged. : OTHER CASES. ' An old man, named Thomas O'Brien, alias John O'Brien, pleaded guilty to a charge of being a rogue and a vagabond, in that ho was found at night ."without lawful excuse on premises- in Victoria Street. There, were 32 previous convictions against him for various offences, and a scniamco of three months' imprisonment was imposed. Georgo Boyd, appearing on. remand, pleaded guilty tea cliargo of indecency in Tory Street, and was sentenced to three months' imprisonment. One first-offending inebriate, who did not appear, was ordered to forfeit his bail of_los.,'or undergo forty-eight hours' imprisonment, and another first offender was convicted and discharged. Michael Minague was remanded till this morning, on a chargo of failing to mako provision for tho maintenance of an unborn illegitimate child. Tho children coughed and 6neczcd in school; Tho Lady Teacher, calm and cool; Remarked: "Tho Government's pretty suro To let mo buy Woods' Peppermint Cure. For all this sneezing, coughing crowd, And. not a sixpence I'm allowed! Yet I must doctor all the lot, Or else the school will go to pot!"—Advt.