MAGISTRATE'S COURT

Dominion, Volume 8, Issue 2300, 6 November 1914, Page 9

MAGISTRATE'S COURT

RESTAURANT KEEPER FINED FOR BREACH OF AN AWARD The Inspector of Awards (Mr. Slaughter) proceeded against Win. Brown, part proprietor of the Central Coffee Palace, in the Magistrate's Court yesterday for a £10 penalty for an alleged breach of. tie Cooks' and Waiters' Award.' Mr. D. G. A. Cooper was on the bench. Mr. E. J. Fitzgibbon appeared for defendant. The Inspector of, Awards said that on September 21 he visited the premises occupied bv defendant, and saw the chef (then in charge), who, in answer to a question as to what wages the second oook (Thompson) was paid, said £1 15s. a week, wliile the award provided for £2 ss. a week where there' were three assistants besides the chef. Witness advised the cook to see the arrears were paid, and if this were done the Department would probably take *no further action. This was agreed to, and defendant was just sent a warning. As theresuit of a further complaint, _ witness again visited defendant's premises on October 2, when he made a thorough inspection of wages and time book, andfound that Thompson had actually been second hand for some months. The chef explained that Thompson was not a competent cook, and he therefore had the right to pay him less wages. The chef had deliberately misled witness, as oil his first visit he had stated that Thompson had only been a fortnight in his employ. , , , To Mr. FitzgibbonThompson had been second kitchen hand for the past ■cnc months. On witness's second visit defendant had done what he promised on the occasion of the first visit. On both visits witness was at liberty to 6ee defendant's books, and did not hide anything from him. The only thing was that defendant had misled witness. Witness admitted that if a man substanti: ally did the work, of a Becond cook he must be paid the wage for second cook. Mr. Fitzgibbon submitted that plaintiff must be nonsuited on his own oase. Where any party took an action for a penalty, as m this case, lie must submit the fullest evidence in support. The point the Magistrate was aslied to decide was whether Thompson was a second cook. The only evidence given by the prosecution was that Thompson^was called an assistant. A recent decision had given it out that a man must substantially do the work he is paid for. There had been no evidence to prove what work Thompson did. The Magistrate remarked that there was evidence enough to show that Thompson was an assistant. Counsel continued that as he was going to. call evidence that Thompson had only been employed partly as second cook since September 12, the charge in connection with the previous promise should be withdrawn. Thompson was called, and gave evidenco that he had never yet done second txiak'n work wholly/ .Witness camktV"-

lie was being paid more than lie was entitled to in the matter of wages. Leslie H. Schofield said there had been 110 mention of paying arrears when the Inspector called first. Thompson was not really doing tho work of second cook. The Magistrate said that'on the chef's admission and by the cook, Thompson was an assistant, and should be paid as such. In vieiv-of the circumstances, however, he would only impose a fine of £2. In the case of Thompson, a fine . of 10s. was imposed. - CLAIM FOR COMMISSION.

Reserved judgment waß delivered by Mr. W. G. Riddell, S.M., yesterday in respect to a claim for commission on the sale of a milk business in Ghuznee Street, brought by' John Gwyneth Stevens, estate agent, of Otaki, against John Stewart Munro and Herbert Moffatt, carrying on business in Wellington under the style of J. S. Munro, dairyman, for the sum of £50. , In a comprehensive review of the case the Magistrate 6aid that on August 3 plaintiff obtained from defendants -a written offer to sell their business, on certain terms set out in writing. The Magistrate held that it was clear from the correspondence (which he reviewed at some length) that the contract plaintiff asked his principals to carry out was different to that contained in the bare ■ offer and acceptance of August 3 and 5, and he was aware that the purchasers expected something more than what appeared in the offer. His Worship thought that as plaintiff brought about a sale subject to a condition which he was not certain would be carried out by Vis principals, he did not conclude such a sale would entitle him to the commission olaimed. Judgment would be for defendants, with costs £3 7s. At the hearing of the case Mr. E. P. Bunny appeared., for plaintiff, and Mr. M. Myers for defendants. 1 DEFENDED CASES. x ■ A olaim for the balance of a sum alleged to be due for building work done was heard by Mr. W. CI. Riddell, S.M., when W. Parton and Son proceeded against the estate of the late George Denton for £0 6s. 6d. After hearing tho evidence, the Magistrate gave judgment for plaintiffs for £2 13s. and costs. Mr. E. C. Levvey appeared for plaintiff and Mr. E. K. Kirkcaldie for defendant. A claim for cartage, J. Keir, carriers, suing L. E. Christie for £11 2s. 6d., cartage of timber to Hataitai, was heard 'lefore Mr. W. G. Riddell,' S.M. Defendant paid, £7 4s. Bd. into court in full settlement of the claim. Mr. H. F. Von Haast appeared for plaintiff, and Mr. 0. C. Mazengarb for defendant. After hearing the the : Magistrate gave judgment' for plaintiff for £10, including amount paid into court, and costs £1 16s.

DEFAULT DEBTORS' LIST. Judgment was given for plaintiff, by default in the following undefended civil oases by Mr. W. G. Riddell, S.M.: G. Goldstein v. W. Taylor, £7 los. lid.,costs £18s. 6d.; Australasian Institute of Marine Engineers v. A. C. Smail, £3 7s. 6d., costs 125.; S. Franks v. Barnabas Starr, £2 6s. 6d. j O'Regan and Dickson v. B. Murray, £3 35., costs 55.; Frederick Lamberg v. Ernest Biggs, £22 lis. 6d.; costs £2 145.; Wellington Itowing Club v. A. G. Jackson, £2 12s. 6d., costs £1 10s.; Vacuum Oil Company Proprietary, Ltd., v. J. Law, £21 4s. 2d., costs £2 195.; A. T. Bate v. M. Tauri, £8, costs £1 Bs. 6d.; Rapson and Irvine v. Misses Slyfields, Ltd., £22 105.,. costs £2 14's.;,C. A, Innes v. R. D. Potts, 13s. 6d., eosts 55.; Griffiths and Co., Ltd., v. T. Bilby, £14 18s., costs £1 10s. 6d,; J. Farley v. J. Millican and C G. Petherick, £3, costs 10s.; Forde and Co. v. Eliza Baillie, £2 65., costs 10s.; New Zealand Society of Accountants v. Ernest Lloyd Wilkinson, return 1 of chattel certificate," and costs Is. 6d.; Veitch and Allan v. R. 1 0. Morris, £1 12s. 6d., costs 55.; Vacuum Oil Company Proprietary, Ltd;, v. Gird wood and Ross, £37 Is., costs £2'145.; Smith and Smith, Ltd., v. Hira Parata, £6 45., costs £1 18s. 6d: j R.'and E. Tinsey and Co., Ltd., v. Jack Glen and-, William Devereaux, £12 Bs. 9d., coßts £1 16s. 6d.; E. T. Taylor and Co. v. A. Bishop, £4, costs 10s'.; Harry Adams, v. James Edward Scott, £157 165., costs £7 95.: Thompson Bros., Ltd., v. Mrs. M. Sullivan, £30 25., costs £2 14s. • JUDGMENT SUMMONS. ' Joshua Jones was ordered to pay. Arthur Albert Edward Hardcastli £19 [ ss. 6d. before Novembor 19, in delaiilt 21 days' imprisonment. Recently Charles Grayland was ordered to pay H. A. Smith the sum of_ £20 ss. §d., or undergo a term of imprisonment. At a re-hearing yesterday, Mr. W. G. Riddell, S.M., refused to make an order for defendant's imprisonment Mr. H. F. von Haast appeared for Smith, and Mr. R-. Kennedy for defendant. P LICE OASES. Mr; D. G. A. Cooper, S.M., presided over the police business of the Magistrate's Court yesterday morning. Thomas Robinson was remanded to November 11 on a charge of forging the name of Walter Ramage to a Post Office Savings Bank slip for £10, and cau& ing Edward White to act on it ,as though it were genuine. _ / A young trooper named Edward Kellj was remanded to November 9 to Dulled in on a charge that being a person released on probation he did commit a broach of his probationary license. For drunkenness, Albert -White was fined £2, or seven days; .Charles Daniels, fined 145., or 48 hours; John Bewick, 10s./ or 48 hours. Frank Adan* was remanded to November 12 for medical treatment. Three first offenders were dealt with.