MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1054, 17 February 1911, Page 3

MAGISTRATE'S COURT.

CIVIL BUSINESS. (Beforo Dr. A. M'Arthur, S.M.) NO JURISDICTION. , Alfred ICnyvctt Greenfield sued James Oliver Galbally to recover the sum of v£34 14s. amount alleged to bp due under an agreement for exchange. Tho caso originally camo oh for hearing at Mastcrton when defendant, applied ' for a change'-of. venuoon the ground that tho action did not ariso in Masterton. Chango of venuo was granted and "when tho caso camo on' yesterday tho defendant's counsel raised the question of title and contended that tho magistrate had no'jurisdiction. This contention was upheld by tho magistrate and defendant was 'allowed JBI 19s. Gd, costs .tho taking_qf evidenco at MastcHon 'hnd''lC2 2s. solicitor's' fee. Mr. D. Logan, of Masterton, appeared for. the, plaintiff and Mr. F. G. Bolton; for .' the Vdeferi^a^t. CLAIM FOR WAGES. FAILS.; David- Martin,.-carpenter, of' Wellington, sued the Chatham Islands Fishing Company, Ltd., to recover tho sum of .£l3 2s. 3d.,-balance of wages alleged to bo duo to plaintiff by defendants on work dono as a carpenter from August 18, 1910, -to October 21,' 1910. Mr. C. R. Dix appeared for tho plaintiff and .Mr. G. Samuel for defendants. Plaintiff alleged that ho had been employed by the defendants to do carpentering work at, tho. Chathams and was to bo paid passage, money, and wages from the timo ho left Wellington until the timo of his i retiirnV '.August 18 until October 21. Defendants,/ on tho other-hand, contended tliot , plaintiff was only to' be' paid passage:money to tho Chathams and.wages until such time as the carpentering work actually, fiuished and.ho was then,to liavc.tlio option to remain on,as a fisherman if. ho so desired. Defendnnts had paid into Court the sum of £2 Gs. Gd. and.costs on that amount', which they considered to bo tho balance due. / After hearing tho evidence tho-magis-trate gave judgment for the plaintiff for, tho amount paid into Court. Defendant was allowed costs. v UNDEFENDED. CASES. Judgment by defeault was . given . for plaintiffs in tho following undefended cuses:—Wellington. Drivers' Industrial Union if Workers v. James Headifcn, ,C 1 35., costs 65.; Wellington Plasterers' Industrial Union of Workers v. Thomas Hannan? JEI 18s; 6d., costs 7s. ;• Wellington Operativo Bakers' Industrial Union of Workers v. Alfred G. H. Styles, 195., costs 55.,- W. B. Summers v. M. Kenneth, .C] 155..8 d., costs 75.; W. Dlinock and Co., Ltd., v.'James Lueas, ,£3 13s. 2d., costs 10s.; Vacuum Oil Company' Proprietary, Ltd., v. John Tipper, JES Is. lid.,' cos'.S il 3s. Gd.; Schneideman■ Brothors v. 1,. Edwards, costs IDs.;' W. B. Summers v. Jano Frost, costs 12s.;' George Walter Dowling v.' George Haigli Perkins, i! 5 18s. 7d., costs £1 3s. Gd.; Office Appliance Company >v. H. C. Percy and Co., Ids. Gd,. costs Gs.; and Ready v. Frank Roberts, 95., costs 55.; Commercial Agency, Ltd., assignee, and L. H. Fryer, assignor, v." Roderick J. Williamson, »E1 Gs. Bd., costs 15if.; Commercial Agency, Ltd., assignee, and L. H. Fryer, assignor, v. Annie Kerr, JCI, costs 55.; same v. Charles William Ritchie,'.£l 18s., costs Bs.; Humphries' Patont Bracket aud ScalTold Company, Ltd., v. Arthur Ronde, -C 3, costs 10s.; Patrick Macken v. Edward Hughes, £5 2s. 6(1., costs .El-ss. 6di . JUDGMENT SUMMONSES.' ,David "Mason was ordered to pay vtG ss. Gd. to R. • J.. .Covency on or before March 2, in default seven days' imprisonment.., ' A. Crcrar was ordered to pay JCI2 13s. to A. Lo Petit by instalments' of .£1 per mdnth! (Beforo Mr. W. G. Riddell, S.M.). WAGES AND EXPENSES CLAIMED. Helen Wood,' widow , of Wellington, sued R. H. Robinson, manager of Otaraia Station,. near Martinborough, to recover tho sum of JC22 10s;, alleged to bo duo to plaintiff by defendant as wages and expenses. Mr. R. B. Williams appeared for plaintiff and Mr. A. L. Hordman for the defendant. i Plaintiff alleged, that on November'2B last, defendant agreed to ongago her as housekeeper at Otaraia Station, but though sho waited'for tho position until January 30, sho did not got it, and in tho meantime sho had been unablo to accept other positions. . Sho therefore claimed wages for nino weeks at JDI n week," and also JCI.I 10s., as renfonabio expenses for the snmo period. For tho dcfenco'it was contendwl that plaintiff's ongagemcnt was conditional ona married couple leaving tho station. When they did not leave, plaintiff was notified nt onco. After hearing the evidence,' the magis-, trale reserved his decision. INFORMATIONS DISMISSED. Charles Edward Aldridge, Inspector of Awards, sued Herbert Clark, plumber, of Wellington, for a XlO penalty for an alleged breach of tho Carpenters' and • Joiners' Award, ill that ho failed to pay a carpenter tho minimum wage. Mr. E. J. -Fitzgibbon . appeared for the defendant,: wlo plead«a not', juilty. Th?

Inspector said Hint tlic .(Infpnilant had employed a labourer named Cooper to do carpentering work at 1«. _ld. per hour, instead of Is. Till, per hour.. It was stated in defence, that Clark- hod been absent from Wellington during; tho time of the alleged breach, the job being in charge of n carpenter named .-Wilson, who received tho award wage. Defendant further stated that if Cooper had been employed to do carpentering, it was without the knowledge or authority of defendant. In his evidence. Cooper denied having done any carpentering work. Tho magistrate remarked that, there appeared to have been a dilTeroneo netween L'lnrk and AVilson, as a result of which Wilson left and laid tho information. - Tho plaintiff had failed to provo the case, and the information would'ho dismissed, without costs.

The Inspector of Awards sued 1 ? . Armstrong, builder, of Wellington, claiming a .£'lo penalty for an alleged breach of the preference clatisc of tho Carpenters' and Joiners' Award.-' Mr. W. H. D. Hell appeared for the defendant,' who entered a plea of not guilty. After hearing the defence, tho magistrate held that tho breach was a very trivial one, and did not call for a penalty. The employer had evidently been misled. 'The information would ho dismissed.

" BREACH OF AWARD. Tho Inspector of Awards' claimcd a XlO penalty from the Te Aro House Company for a breach of the Tailoresses' Award, in allowing work, to bo done off tho premise?. The breach was admitted, but it was mentioned in extenuation that a number of hands had left together ot a time when it was necessary that a'largo number of orders should bo attended to with expedition. A fine of JE2 was imposed. - POLICE CASES. Timothy Norman, a fireman on the Steamer Durham, pleaded guilty to'a charge of unlawfully assaulting John M'llwham, a nightwatchman on tho wharf, and to v n. further charge of using obscene language on tho wharf. A fine of 40s. was' imposed on each charge, the alternative being'-18 hours' imprisonment. Accused was also ordered to pay witnesses' expenses, amounting to Bs. ■ William Black, charged with drunkenness, was fined 10s., in default 48 hours' imprisonment. . Four first-offending inebriates wera convicted and discharged.