MAGISTRATE'S COURT.

Dominion, Volume 5, Issue 1494, 17 July 1912, Page 4

MAGISTRATE'S COURT.

(Before Dr. M'Arthur, S.M.) INSPECTOR FAILS. PASTRY COOKS' AWARD CASE. Dr. M'Arthur gave reserved' decision in tho cose in which the Inspector of Awards (Mr. Carmody) sued Godber and Co., Ltd. In this case Denis Carmody proceeded against Godber and Co. for an alleged breaoh of the Wellington Operative Bakers' award. In the information it was alleged that Godber' and Co. had, for some three years previously, employed one of their hands every ninth Sunday for about an. hour to do certain work, known in the business as ."sponging." It was admitted that this was necessary work. No overtime was paid for this, and it was pointed out by Mr. Weston (appearing for Godber and Co.) that, for the extra hour every ninth Sunday, each man worked only 47t' hours per week instead of 48, the award lfumber. As soon as the complaint was made by Mr. Carmody, this practice was abandoned, and the award was thereafter strictly adhered tp.. His Worship remarked that he could not understand how such a practice could have gdno on for so long had not the men tacitly agreed to do so and been content. In concluding, his Worship said: "I am of opinion that this case may bo treated as coining under Section 10. of the Industrial Conciliation and Arbitration Amendment. Act, lilftS, mid lhat tho breach proved aifainsl the defendant is excusable, and that therefore this action bo dismissed."

execute certain drainage work for the' plaintiff at his premises at Brooklyn, which tho defendant lias not done. Further, tho plaintiff claimed from the defendant the sum of ,£lO damages through such work not. having been done. Manning, the defendant, counter-claim-ed. Ho Admitted that Alpo had paid him .£2O to execute certain works, and said that he .was always ready ami willing to perform the same, tat was prevented from doing so, and accordingly offered to return or account for tho .£2o.' Further, that he performed certain works by -way of reinstating Alpe's premises, which hail been damaged by fire. He had performed these works, but Alpe refused to pay for them. Therefore, valuing his work at .112, prior to tho action,' Manning tendered to Alpe the sum of .£B, being tho sum »of. .£2O claimed in the action less tho amount of the extra work done. Manning brought tho said sum of .£8 into Court, and counter-claimed for tho sum of JII2 ns an answer to -Alpe's claim for .£2O. / ■ Worship gave judgment for " the plaintiff on tho claim for £'20, and for tho defendant ou tho counter-claim for ,£7. . , i ? l ' - ,.~' J - FitzgihlKms, appeared for the plaintiff and Mr. Blair for tho defendant.

CLAIM FOR MONEY LENT. Robert Manson 1 , boilenuaker, of Wellington, sued John Flyiin, bootmaker, of SG l'aranaki .Street, and sought to recover the sum of £i 7s. Id., for money advanced to ll.vnn. Mr. O'Leary appeared for tho defendant, and Mr. Jackson for the plaiitift, Judgment was in favour of the plaintiff for the ■amount of ss. id., which amount bad been-paid, into Court by the defendant in lull settlement of all claims.'

DOMESTIC'S WAGES. Annie Noman, a domestic servant, proceeded against Margaret Jane' Burnet, a boardinghouso-keepcr, for tho sum of 10s., being amount of one week's wage, which she alleged'she was entitled to. .Judgment was in favour of tho plaintift for the amount claimed. Mr. FUzgibkns appeared for plaintiff, and Mr. Jackson for defendant.

UNDEFENDED CASES. In the following undefended cases, judgment was given in favour of plaintiff by dofauU:—lt. Kahili trading as Le Marche, v. Miss Maggie Mnnson, lis., costs 55.; C. M. Banks, Ltd., v. James Rapley, £S Us., costs Hs.; same v. Edith Upham, jCS 155., costs £1 3s. Gd.; Wellington Traders' Agency, as assignee of Keuipthorne, I'rosser, and Co., v. Geo. H. Parkinson, .£ls' lGs. 3d., oosts .£2 os. (Id.; W. J. Grey and con v. John Johnstone, Hs., costs 55.; .same v. James Greig, ill ]3s. 10d., costs os.; Cooper, Garrard,-a ml Co. v. Geo. H. Herbert £2 19s. 7d„ costs 135.; Richard 1). Hanlou v. Margaret Matior, £o, costs £1 os. 6d.; C. and A. Odlin Co. v. Arthur Reade, .£5 ss. Id., costs ill 3s.'Gd.; same v. O'Connor and Fuller,.,£7 17s. lid., costs •£l-3s. 6d.; Jobston aiui'Murie v. H. M. Baker, ,£2 Is., costs 10s.; Wm. Hamilton Boyd v. Wm. Holmes, 15s. Gd., costs 75.; Lacry and Co., Ltd,, v. IJ. Holmes,. il6 Gs. Gd., costs 155.; Wm. Campbell v. H. Telford, £6 18s. Bd., costs £1 4?. Gd.;. Official Assignee, in' bankruptcy property of Tasman .las. C. Gurr, v.Tar'anaki Farmers' Co., Ltd., £20 7s. Bd., costs £1 3s.

, JUDGMENT SUMMONSES. In the case of David Milligan v. J. T. Steele, a claim 'for £"! 45., defendant was ordered to pay the amount by July 30. W. Wilson-was ordered to pay lihvard James Footlicad. £1 19s. 9d. on or before July 30.

POLICE CASES. ' ' (Before Mr. W. G. Riddell, S.M.) ' THEFT CHARGE WITHDRAWN.'.. Edward Croft, who had previously bean remanded on a charge of stealiii.? an overcoat yalncd:ißt.!#k>oame before the Court again yesterday morning, but, as the chief witness had left the Dominion, the charge •was; withdrawn by.leave .of. the- Court,

■ •".;! . "INCORRIGIBLE 'ROGUE.-"/ • John Johnson..was—sentenced -to. one year's imprisonment o:i the charge of being an incorrigible rogue • . - - . ■-.■,:• Sub-Inspector Sheehan, who prosecuted for tho police, stated'that accused had dono i no work since ho had been released 'from/prison recent!y;"nud:had::l>een.sleeping in ; .ah."outhouse oh'Hlic 'wharf. He had endeavoured to commit, suicide by chewing, match-heads. ,■. '

. STOWED AWAY ON ;MARAROA. , Albert Windsor, who had absconded from tho Burnham Industrial School, and arrived here as a stowaway, per s.s. Mararoa, on Monday evening, was ordered to lie returned whence he "started.

>•"■ 'other, cases. '•'. ;■; . Margaret Johnstone was filled ss, for insobriety. :'.'■.■ .-■■■'• ... .:" Charles Glad well was.sentenced to one month's imprisonment for deserting from the Arawa.