MAGISTRATE'S COURT

Dominion, Volume 7, Issue 2228, 14 August 1914, Page 7

MAGISTRATE'S COURT

BREACH OF AWARD

IMPORTANT POINT RAIgEP A technical point of some importance vrai raised by Mr. T. JJeavc during tUe heaving oi an allfigoH breach of an award case before 1 Mr;. \\. G. .Riddell, vS,M. ill tho Magistrate's Court yesterday morning, U'liQ case was one in which the Inspector pf Awards (tUohnwl A, Bollard) proceeded auainst AVallaca ilusson for a .?10 penalty for employing four non-unjouists, and failing Vo notify the Builders' labourers Trade's Union socrotary. , After brief evidence had lecn called, iu which it was stated that defendant li»d employed two men who were afterwards admitted as monitors to tho union. Alv. Neave asked for a non-suit on tho ground •that'absolutely no olfnnce had been disclosed. Thero was absolutely no cvidencp ti) show that the conditions laid down by tho Arbitration Court in t,hc award had beon mlhwed to by the union, while the union's-mips had noi lrccn produced I to show that niiy person of {,'ood character was entitled lo membership. His Worship: "There is evidence that non-unionists were employed." li[r. Kiddell added that there was. a.duty on the employer irrespective of the points raised , Ivy Mr. NeaYC, to five notice to tho secretary of tho union when he employed non-nnionists'. ... .. ~ ■'.• ■ Mr. Neavo went''On ,to'..sny thafc. th'o preforeuco io unionists' clause could be w; instrument of thp greatest lurd^

ship. A union might have only twenty members,' and this gave it the power to reject any ether, men for the special trade concerned outside thoso twenty members. Tho Inspector of Awards, continued Mr. Neavc, could come down to llm court, and, in an oif-hand manner, causo a substantial fine to U» imposed mi a man. This was not a. thing, he submitted, the Court should countenance. "I know of many cases brought before the Court by Iho Labour Department in this slipshod manner, and my instructions' are to arguo this point," concluded Mr. Nenvo; Mr. Neave asked lor leave to appeal if judgment wero given against him. Tho Magistral')); I am prepared to grant leave to appeal' seeing that you treat the matter ass a test' case. The minimum penalty will bo imposed iu ,respect to two of Iho unregistered men. Judgment will be given for 10s." A DUSTMAN'S ADVENTURE. On May 7 last a man named Howard Headifen, a dustinan in the employ of the City Corporation, during the course of his rounds, entered the premises of No. z Caroline Street, and while going down a passngo he fell into an opening, suffering ■ injuries. The sequel to ' tlie accident occurred in. the court yesterday before. Mr. W. G. Riddell,'S.M., wh«n Howard He'adifeji proceeded against Charles Hartford, pluniber, of No, 5 Caroline Street, claiming .£57 ss. 6d., made up as follows;— Special damages '£7 ss. (lα., half pay for 4J weeks i:IHSs,; medicnl expenses 10s, Gd., general damages .£43 Hs. ; Bd. Mr, B. J. Fitzgibbon appeared for-plaintiff and Mr. M. Myers tor defendant. ' . In opening the case for plaintiff, Mr. Jitzgibbon characterised the opening through which his client fell as a trap, ihe opening was'on the other side of tlio gate through which plaintiff was going. Ihore was a small approach of boards on each side of tho gate, and just inside tUe door certain, of . these hoards had been removed by defendant. Ihe basis of the claim was one of ordinary negligence .against defendant. The defence was that there was a certain amount of protection afforded,' and precautions had been taken to mate the gate secure. After hearing the evidence, the Magistrate reserved his decision. , DEFAULT DEBTORS. Judgment was given for plaintiff by i!efault in the following undefended civil cases;-rJ. O'Brien and Co. v. S. A-Heane, £1 18i lid., costs 10s,; Bin*. Harris, and Co., Ltd.,-v. W. J. Morris and Co., j£s3 2s. Od., costs JE3 lfis. 6d,; Commercial Agency, Ltd., r. William Simmqnus, £!> 25., costs 10s.; same v. A. V. Wingo, costs only, 355.; Townpend and Paul, Ltd., v. H. Bramley, Gd., costs 10s.; Briscoe and Co., Ltd., v. Frederick Kenneth Andrews, £1 45., costs 145.; same v. William Longworth, Gd., costs 125.; John Murray v. Ernest Miuifie, £1 18s. 2di, costs 12s. .' . ■' • ' JUDGMENT SUMMONS. A. K. Hopkins was ordered to pay Porcy Lumsden .£4 IBs. by August 27. in default three, days in gaol. POLICE CASES. ■'...■ OBJECTIONABLE- PHOTOGRAPHS. Frederick Bannister, a iirenian from tho Weimana, pleaded guilty to two charge under tho Indecent Publications Act, of offering for solo indecent photographs Iu inflicting fines of on each charge, tho Magistrate remarked that the cards wero filthy things, and accused was liable- to penalties of J6IOO on each charge, The alternative in each case was fixed at two months' imprisonment-. ' . ' OTHER CASES. ' James Cooper, who, while being assisted iftto a pab in a drunken state by a constable, (smashed the letter's helmet, appcared to answer the two charges accruing' from his exploit. . On the charge of drunkenness, he was convicted and discharged, and convicted and ordered fo pay the cost pf the" policeman's helmet, which cost was sefr. 9s.'Dd, , An pl'tornativD pf 48 hours' imprisonment wo? allowcdj A middle-aged man, named Sutherland Murray. G ran fc was. charged with; the tbeft'of a cheque drawn on the Bank of New Zealand for ■ the property cf Daniel ■ Sullivan, a farmer, of Tβ ICuiti. On accused's application a remand was granted to August 10. Bail was allowed iu and two fraret}es of .£25. ' HOW MRS.. I, HOULAHAN WAS CURED OF BRONCHITIS. A :tfEIGHBOUR'S ADVICE WAS DE. fIHELPON'S NEW DJSCOYERT.. "Allow me to than)c you for «, coin?lete and , quiet ourp of Bronchitis, that, have received from the use of Drj Sheldon's New Discovery," writes Mrs. ■ L. Houlihan, 9 St. David, Dunedin, N.Z. 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