MAGISTRATE'S COURT

Dominion, Volume 7, Issue 2238, 26 August 1914, Page 9

MAGISTRATE'S COURT

MILK BOYS'WAGES ALLEGED BREACH OF AWARD Alleged failure to pay the rate of wages prescribed by tho Wellington Dairymen's Employees' Award led the Inspector &f Awards, Mr. 11. T. Pailey, to proceed against A. Russell before Mr. W:G...Riddell. S.M., in the Magistrate's Court yesterday, for £10 penalty. Mr. Ai. Myers appeared for do-' fondant. ' Tho facts of the case, as stated by Mr. Bailey, ware that defendant employed two boys to assist in tho delivery of. milk in the morning. The point involved was one of boy labour. Mr. Bailey said it was the habit of milk vendors to employ school boys for two or threo hours each .morning to' "assist in the delivery of milk. Clause 3 of tho award provided that the minimum wage Bhould bo £2 10s. per- week for such work. Tho points for tho Magistrate to decide woro: Did these boys come under the heading of employees, or could milk londors employ boys at less than the award rate?. Mr. Myors pointed out that thero was np provision in the award governing boy labour, and that therefore Ins . client had not committed any broach of tho said award. Tho Magistrate reserved his decision. DISPUTED A DEPOSIT. . : Reserved judgment was given by Mr. W: G. Riddell, S.M., yesterday, in tho case in which John M'Brearty claimed £50 from A. D. Kennedy and Co., Ltd., such sum being, it was alleged, deposit paid on April 2 on signing a contract for the purchase of leasehold hotel'premises at Reimiera. Defendants had acted as agents for the vendor, one Frederick Chas. Cook, and the £50 bad been paid by plaintiff to defendants as such agents. The Magistrate remarked that the sale had to be completed by April 30, but for reasons set out in tho facts agreed upon by the parties it was not completed, and plaintiff had de- . mantled the return of 'his deposit from defendants. Defendants had refused on tho ground that thoy now held the money in_ payment of the amount of Ins commission which had boon agreed on by Cook prior to tho sale being effected. The Magistrate held that tho payment of money to an agent was equivalent to payment to the principal and on the authority of Ellis v. Gaultor, a caso whioh ho quoted, it could not be recovered from the agent whether he had paid it over to his principal or not. Plaintiff had sued tho wrong person and must be non-suited. Judgment was given accordingly with solicitor's fee £2 2s'. During the hearing of tho case Mr. P. J. O'R-egan appeared for plaintiff and Mr. O, Bcero for defendants.

cases:—George Hill v. Frederick Gordon Couper, £4 14s. 3d., costs lis.; H. J. Wyatt v. 'airs. M. L. Brailsford, £23 2s. Id., costs £3; Edwin Arnold v Braids iiiid Loimis, .£8 10s., costs Bs.; Redpath and Sons v. William John Leo,' £10 3s. 9t1., costs £1 10s. Od.; A. and T. Burt, Ltd., v. W. Yates and Gov., £-10 7s. Ud., costs £2 Us.; F. Swift v. W. Carter, £1 13s. Gd., costs us.; Henrv Ed. Gibbs v. J. G. Chambers, £7 17s. Cd., costs £1 3s. 6d.; Colonial Carrying Coy. v. Henry Hilton, 10s., costs 95.; Petone Ambulance Van Committeo v. Fred. Beard, 10s., costs 55.; Annie Brooks v.' Lena Walden, £3 65., costs 18s.; Reginal H. Webb v.' J. J. Cronin, £2 45., costs 10s.; Jones and Aslidown, Ltd., v. A. D. Robie, £1 65., costs 55.; John E: Butler, Ltd., v. James A. M'Carty, £32 14s. Bd., costs £2 3s. 6d. JUDGMENT SUMMONS. Hira Parata was ordered to pay David Milligau £17 Is. 9d. on or before September 8, 1914, in default- 14 days in ■gaol. POLICE CASES. William Watson was" charged with drunkenness and with committing a grossly indecent act oh Mason's Steps. On the first charge ho was fined £1 or three- days' imprisonment and on the socond £2 or one month's imprisonment. Adolf Carlson was convicted and discharged for. drunkenness and fined £2 or' one month's imprisonment for a grossly indecent act, committed in Molesworth Street. Emily Baker was fined 10s. or-48 hours' imprisonment for drunkenness, and £3 or one month's gaol for using obscene language For drunkenness Catherine O'Connor, Kathleen Brady, Richard Henry Pyner, were each fined £2, and Mary M'Manus £1. Three first offenders were dealt with. '. ' • , At the Lower Hutt Police Court yesterday, before Messrs. Chapman and Hollard, J.P.'s, James C. Thomas and Evan R. Griffiths weire each, charged with drunkenness • and common assault at Taita. On tho first charge both, were convicted, and on the second Thomas was fined 10s., in'default 48 hours' imprisonment, whilst Griffiths was fined 55.,- in default 24 hours' imprisonment.