MAGISTRATE'S COURT

Dominion, Volume 8, Issue 2288, 23 October 1914, Page 3

MAGISTRATE'S COURT

EMPLOYMENT OF NON-UNIONISTS

ALLEGED BREACH OF AWARD

The Amalgamated Society of Carpenters' and Joiners 1 Industrial Union of Workers (Wellington branch) proceeded against Daniel M'lnues, of Tenraka and Wellington, before Mr. D. G. A. Cooper in the Magistrate's Court yesterday, for Che sum of £10 penalty claimed for alleged employing two nonunionists and failing to notify the union secretary of the same within three days. Preliminary evidence in connection with the case .was taken in Timaru. Mr. D. M. Findla-y appeared for tho plaintiff union, and Mr. P. B. Cooke- for defendant. •

The defence contended that the preference clause inithe award was not retrospective, and as the employment took place before the award came into force tho case shbuld be dismissed. Moreover there was no employment within the meaning of the award in the Wellington district; the men had been brought from Tomuka to. work in Wellington. . Mr. Findlay contended that there had been one continuous employment, and tho,fact that tho men were employed in carpentering work in Wellington brought them automatically within the terms of the award. ' ' The Magistrate agreed, and. imposed a nominal ponaltv of os., with costs £2 14s.

OTHER CLAIMS. A claim for commission in the disposal of a milk business was heard before Mr. W. G. Riddell, when John Gwynetk Stevens, estet-e agent, of Otaki, proceeded against John Stewart Munro and Herbert Moffatt. carrying on business in Wellington under the style of J. S. Munro, dairymen, for the sum of £50. Mr. E. P. Bunny appeared for plaintiff, and Mr. M. Myers for defendant. After hearing tho evidence the Magistrate reserved his decision. > A claim for work done and goods supplied was heard before Mr. D. G. A. Cooper, when F: H. Jansen, plumber, of Wellington, proceeded against A. H. Hunt, civil servant, of Wellington, for £21 10s. 6d. The statement of claim alleged that the work was dono and the goods supplied by plaintiff to defendant about September and November, 1912. The sum of £16 was paid into Court by defendant in'full settlement of the claim. Mr. V. R. Meredith appeared for plaintiff and Mr. E. J. Fitzgibbon for defendant. The case was adjourned after a partial hearing. • •'«.' Judgment was given for plaintiff by default in the following undefended civil cases, before Mr. W. G. Riddell, S.M.: S. T. Patterson and A. Money v. Chas. On'yon, £8 18s. 7d., costs 18s. 6d. ; South Pacific Mortgage and Deposit Company, Ltd., r. Thomas B. Jobson, £66 12s. 9d., costs £3 9s. ;■' Bernard St. Clair Jones v. John Wright, £4 10s., costs 10s.; Windsor Manufacturing Company v. T. Parker,, £14 16s. lid., costs £112s. 6d.-; Alcock and Company, Ltd., v. F. A. Butterfield, Ins. 2d., costs 55.; H. C. Gibbons and Company, Ltd., v.'F. H. Morgan, £2 3s. 61, costs 10s.; Public Trustee v. Robert M'Cor'mack, 155., costs 125.; Community Distributing Company- y. Lillian Emma May Akers, £40, costs £2 175.; A. E. Budd arid Company v. J. A. Grant,. £3 18s., costs 10s.; E. G. F.|Zohrab v. Robb Bros., £5 10s., costs £1 3s, 6d.; Bannatyno and Hunter, Ltd., ' v. A.. M'Callum, £105 Os. 7d., costs £5 12s. 6d.; W. G.Turiibull and Company, Ltd., v.'C. L. Browne, £29 13s. 4d., costs £2 lis.; Bates and Lens v. A. J. Fitzmaurice, £6 Bs., costs £1 3s. 6d.; D.Lloyd Clay v. Micluwl Sweeney, £11 lis., costs £1 10s. 6d.; Sarah Hickey v. Alice Allen, ss. Gd., costs 55.;- A. Beaver and Companv v. John Donnelly, £13 25., costs £1 10s. 6d. Chnrles H. Grayland was' Ordered to pay H. A. Smith and Company £19 Bs. 61 before Novembor 11, in default three weeks in gaol; H. Tankard was ordered to' pav A. H. and G. C. Tripe and 0. V. Ellis £1 14s. boforo November 11, in default 48 hours in gaol: G: H. Peacock was ordered to pay £8 IDs. 6d. to H. L. Young, Ltd., before November i, in default seven days in gaol: Ernest G. Osbom was ordered to pay Alfred Carncross £12 13s. 6d. beforo November 7, .in default 14 days in gaol.

POLICE CASES. The police cases wore taken before Mr. D. G. A.' Cooper, S.M. Two seamen from tho Ruahine, Ernest Wendecot't and Thomas Whiting, wero charged with deserting from that vessel at Lyttelton. In pleading not" guilty they stated that they had gone ashore for a drink of water, and that when they returned the vessel was making its way tlrrough the breakwater. Tho evidence for the prosecution was, however • that the sailing time of the vessel had been posted above tho gangway before the vessel left. The Magistrate decided to reduce the charge to one of absence without leave, and sentonced each _of the accused to three days' gaol, ordering them to pay 345. eaoh expensos. Wm. Garriett was fined £2 or seven days' gaol for resisting the police. For drunkenness, Michael Gregory was fined 405., or seven days' gaol; Gustav Nelson and Joseph Barker, 205., or three days; and William Stubbs, 10s. or 48 hours. One first offender was ordered to pay ss. expenses,'following a drinking bout: SERIOUS CHARGE AT MARTON. (By Telegrapli.—PreE6 Association.) Marton, October 22. At the-Marton Court to-day, before Mr. W. Kerr, S.M., Serguard A. Olseu was committed for trial at the Palmorston North sittings of the Supreme Court, for alleged assault, with intent to commit rape, on a married woman at Bonny Glen on August 31 last. Bail in £200 arid £1.50 was allowed.