MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1069, 7 March 1911, Page 3

MAGISTRATE'S COURT.

(Before Mr. W. G. Eiddell, S.M.) A PROBLEM FOR EMPLOYERS. HOUES. OF ASSISTANTS. ■ On the information of the Inspector of Factories, James Kod and Co., butchers, were charged with employing a shop assistant for more than nine hours on more than one day during tho week ended February IS. Mr. A.. L. Herdman, who appeared for defendants, said that the facts were admitted, but he hoped to be able to convince his Worship that defendants had not broken the law. There were cases against B. Barber and Co., Garrett and Co., the Gear Meat Co.. and tho Waingawa Meat Co., in winch the facts w.erc the same. It .was proposed lo take tho case against Hod and Co. as a test. The magistrate agreed to this course being adopted. Sir. Le Cren stated (hat the information had been laid under Section G of tho Shops and Offices Act, of IMS, as amended bv the Act .of. 1910. Previously the defendants had. been, working under an award, which nominally expired on March 31, 1910, hut which remained in force until superseded. The Department submitted that the Shops and Offices Amendment Act of 1010 -had—superseded the award, and the various firms had been notified by circular to that effect. Mr.' Herdman remarked that the cate was one of very great importance, to butchers in the city, and butchers all over tho Dominion. The whole question was whether defendants were working under the Shops and Offices Act of 1908. as amended, or whether they were subject to the award quoted by Jlr. Lc Cren. Counsel contended that no offence had been committed, and that.(ho award was still in operation, notwithstanding tho Act of last session. He referred his AVorship to Sections 90 and 91 of the Industrial and Conciliation Arbitration Act of 1908. which dealt v;ith the making of awards, and which indicated that the award would continue in force until a-new award was made, or an industrial agreement entered into, or till the registration of a union hod been cancelled. Counsel further quoted sections of tho Amendment Act of inns and other Acts to show that the award was still in force. ■' The magistrate reserved decision.

POLICE CASES. DISOKDEELY "WHILE BT.UXK. John Mills pleaded guilty to'o charge of disorderly conduct white drunk, and to a further charge of resisting Constable M'Kelvie. Accused, who had been convicted on a number of previous occasions, was fined £2 on the first charge, and £i on the second charge, the alternatives being respectively fourteen days' imprisonment and ono month's imprisonment. ■ .Tohn Brougham, who had been arrested with the previous accused, was charged with disorderly conduct while drunk. Through his solicitor. Mr. H. F. O'Lcary, ho pleaded guilty, and was fined -Ms., with the alternative of seven days' imprisonment.

ABSENT WITHOUT LEAVE. John Syraons pleaded guilty to a charge of having absented lnmsoli from tho Turakina on February 8 without obtaining leave. Sub-Inspector Sheehan stated' that accused had presented himself at tho Police Station, and had admitted tho offence. The Turakina ivas now on the way Home to England. Tho Magistrate imposed a sentence of one month's imprisonment.

VAGRANCY. Maud Francis, appearing on remand, pleaded not guilty to a -charge of being an idle and disorderly person, and call- I ed evidence in defence. The Magistrate, however, considered that, on the evidence, she must be convicted, and a sentence of three months' imprisonment was impos-, ed. Cissy Knight, alias M'Williams, pleaded guilty to a charge of drunkenness, and to a' further charge of teing an idle and disorderly person without lawful visible means of support. On the first charge she was convicted and discharged, and, on tlio second, she was ordered to go to the Salvation Army Home, and remain there for. six months.

MAINTENANCE. Claude Russcl Patterson, charged with disobedience of a maintenance order, under which the arrears amounted to ,£3l 10s., was sentenced to three months' imprisonment in Lyttelton Gaol. An order was made that the warrant should bo suspended so long as defendant, paid 15s. per week off Iho arrears. Mr. 1. 31. Wilford appeared for complainant. Thomas Chalmers Leslie M'Grogor was sentenced to fourteen days' imprisonment for disobedience of a maintenance order, under which the arrears amounted to Xa 12s. Frank Ferguson, charged with disobedieuco of a maintenance order, was reported to have paid tho arrears amounting o £2 Is. He was convicted and ordered to pay Jil Is. solicitor's fee, in default 21 hours' imprisonment. Mr. D. Jackson appeared in support ot an application by William H. Barrow to have n maintenance order cancelled, the application was granted.

APPLICATION FOR REHEARING. Mr \. Grav appeared in support of an application for a re-hearing of the ca.e o' Black v. (.Hvnii. in which the defendiiiit a police constable, had been convicted of iif.sar.lt. Mr. IV. I'. 0 I.earv opposed the application. After hearing lega argument,'the Magistrate intimated that he would take tinis to consider his decision,

OTIIKR-CASES. Timothy Donovan pleaded guilty to a charge of drunkenness and to ;\ further ch.'.'.ge of procuring lirjiicr (luring the currency of a prohibition order. There were a number of previous convictions against accused, who was deemed to be a habitual drunkard, and was sentenced to a month's imprisonment. IV breach of the prohibition order he was convicted and discharged, John Shannon, arraigned on charges .similar to those preferred against Donovan, received a like sentence. A lirst-offending inebriate, who made no appearance, was fined 10s., with the allc-i'-uative of serving 24, hours in gaol. Four other first, offenders were convicted and discharged.