MAGISTRATE'S COURT.

Dominion, Volume 6, Issue 1604, 22 November 1912, Page 9

MAGISTRATE'S COURT.

(Before Mr. W. G. Riddell, S.M.) BREACH OF AWARD. AN EMPLOYER'S RETAINING FEE. Mr. W. G. Riddell, S.M., delivered judg: ment in'the case in which D. Carmody, Inspector of Awards, proceeded against A. J. Ibbotson,' builder, Kilbirnie, alleging that defendant had' committed a breach of Clause 12 of the Carpenters' Award—which provides that when a master carpenter employs a non-unionist .he must, within 24 hours, notify the secretary of the union in writing of that fact. At the-hearing it was stated that defendant had in his employ a carpenter named Kenzitt, who was a non-unionist. Work being slack, he had agreed with Kenzitt that the latter should seek temporary employment elsewhere, and should receive from defendant a retaining fee of 55. ! per week. Kenzitt returned to work for Ibbotson five weeks after this agreement had been arrived at.. Tho defence was that the nature of the relations between Ibbotson and Kenzitt amounted to an unbroken engagement. "I do not think," said his Worship, in delivering judgmont, "it can- be argued that Kenzitt remained in defendant's employment because he was paid a retaining foe of ss. per week." Kenzitt, added his Worship, was retained by defendant for the first call upon Ins services, whether ho was working or not. ,■ ■ The defendant was .convicted.and,ordered, to pay costs, £195.'."..'(.,,', --.jriov'7 LOST RECEIPTS. ' . .-. ".Frederick'Nathaniel-.. Roberi"Meadows, merchant, Wellington, sued John Weir, farmer, Mangaroa (Upper Hutt), for £2 155.,-balance ■'due-for butter supplied to defendant when he was storekeepingl '.. Mr. F. E. Ward appeared ■ for. the plaintiff, and Mr. J. J. M'Grath for the defendant. - •■■'. Defendant stated.that when a dispute aroso some l time ago about this amount ■he had produced the receipts to' one 'of plaintiff's clerks, but since then the receipts had been destroyed by fire. ' His Worship nonsuited plaintiff, and said that the case was unfortunate, as,apparently both parties were acting quite honestly in the matter, and it had been made clear that both.had made efforts to settle the dispute. i PILE-DRIVER'S CLAIM. (Before Dr. M'Arthur, S.M.) William Davies, contractor, sued John Woods, builder, for £20 16s. 6d., claimed to be due for an account for pile-driving. 'Mr.'W. Perry appeared for the plaintiff, and Mr. A. Dunn for the defendant. The transaction, it was explained, was one in which thero.was.no written agreement. His Worship gave judgment for the plaintiff for the amount claimed. UNDEFENDED CASES; Jjp. the following cases judgment was ontered for the plaintiffs by default:— Dominion Pressure Milking Machine Co., Ltd., v. P. S. Hill, £49 ss. Gd.-, ■■ costs ' £3 12s. 6d.; Levin and Co., Ltd., v. Alfred Davies, £23 12s. 7d., costs £3 195.; John' Norton v. S; J. Bird, £7125. Gd., costs £l'3s. 6d.; Izard and Weston v. A. E. Still, £6 195., costs £1 6s. Gd.; Alfred Cudby v. Joseph Harlen, £83 19s. 7d., costs £4 14s. 6d.; Albert Edward Mann v. Augustus Carstens, 16s. Gd., costs 55.; R. and E. Tingey and Co., Ltd., v. John Michael O'Neill, £84 9s. 5d., costs £4 125.; H. C. Gibbons and Co., Ltd., v. Louis Babington, £5 7s. Bd.,' costs £1 7s. 6d.; H. F. M'Neill and Co. t. A. and E. Johns, £25 15s. Bel., costs' £2 175.; and H. C. Gibbons and Co., Ltd,, v. John Ray, £2 10s. 6d., costs 10s. JUDGMENT SUMMONSES. Harry Jenkins was ordered to pay W. E. Tomlin.£3 Is. 9d. by December 5; and W. Jenkins to pay James Owens £2 19s. by the same date. POLICE CASES. (Before Mr. W. G. Riddell, S.M.) William Evans and Thomas Barry were fined £1 each for having' committed a breach of the peace in the vicinity of the Queen's Whnrf, by using threatening behaviour. Evans was also sentenced to fourteen' days' imprisonment for haying, without leave, absented himself from the steamer Ruahine. For insobriety Cecil Judo was fined 10s., and Robert Albert -Grono was fined £1.