MAGISTRATE'S COURT

Dominion, Volume 9, Issue 2775, 19 May 1916, Page 9

MAGISTRATE'S COURT

CIVIL BUSINESS FERRY STEAMER HELD UP Five firemen, who were among the num--7 "lm left the ferry s-tcamcr Maori jvt Wellington 011 March 17 last, and by heir action held up tho service between Wellington and Lyttelton, were yesterday penalised by Mr. W. G. Eiddell, b.M., in a reserved judgment delivered in the case of tho Inspector of Awards v. D. lioss. Tho inspector claimed a penalty of ,£lO from lloss and others on the ground 'that .they were parties to a strike. At the hearing last week, Mr. P. S. K. Macassey, of the Crown Law Office, appeared for the while Mr. P. J. 0 Keg an appeared for lloss—the only defendant, who contested the action. Ross had said that he intended to leave the ship, quite apart from any action 1 r by . o£hc V members of the crew, but the Magistrate considered the cvidcnco was against him on this point. "Tho men gave notice to terminate their employment in order to comply with paragraph 23 of the Seamen's and 3?ircnlcn\s Agreement," said -His Worship, "and, if possible, tx> avoid fchfeir action being interpreted as constituting-a strike within the meaning of Section 3 of the Industrial Conciliation and Arbitration AmendJs«nt' But they had degjded to leave the ship in a body prior to their giving notice, and their formally giving such a notice is of no moment in determining whether their combined action constituted a strike or not. I think the decision,in the Canterbury Slaughtermen's ease 'is applicable/ although when it was given* there was no definition of strike in' tho statute, and as the defendant acted in concert 'with others for tho purpose of compelling his employer to agree to a demand, which was clearly unreasonable, his act amounted to a breach of Section 5 of tho Act."

Judgment was accordingly given for thf> plaintiff for oC2, with solicitor's fee £1 Is., and witnesses' expenses 10s. ; In the capes against Dan Smith, H Fowlds, A. Farrow,-and A. I'orman, there was no defence, and judgment was entered in all four instances for the plaintiff lor jC2„ with witnesses' expenses ss. ' NONSUITED. Itaserred judgment was also delivered in the case of the New Zealand Federated Furniture Trades Union v. The. Scoullar Company, Ltd., a claim for a penalty of .£lO for an alleged breach of award in failing to pay travelling expenses of ail employee. In this case the Magistrate held that, as the evidence adduced did not show compliance oil the part of the plamtiifs with Section .14 of the "Indus-" trial Conciliation and Arbitration Act, q nonsuit must be entered, with, solicitor's fee, one guinea. UNDEFENDED CLAIMS. Judgment by default was given for the plaintiffs in the following undefended civil claims-.—D.I.C. v. Reginald Sker. maiy £1 10s., costs £1 IDs. Gd.; Bing, Harris, and Company, Ltd., v. E. J. Cor. rill, £!) 2s. 3d., costs £1 9s. (id.; Public Trustee v. Thomas Montgomery, £b 125., costs £] 3s. Gd.; Commercial Agency, Ltd., and Briscoe and Co., v. \V. E. Rate, umii, £2 Is. 5d., costs lis.,- Aloock and Co,, Ltd., v. 11. A. Pumpa, ~£3 7s. Gd., costs IDs.; J.- H. Whittaker and Sons, v, Mrs. M. Walker, Jis Bs. 3d., costs 18s, (id.; George Doughty and Co. v. Edward 11. Fox,. £7 -Is. 3d., costs .-fil Gs. Gd. j Charles M'Pheo and Co. v. Alexander D, Gibson, Jill 12s. lid., costs ,£1 10s, Gel.; Public Trustee v. Annie Rachel Matthews, . A'3o 10s. 3d., cosfji £2 18s.; V. J. Jorgensen v. O. A. Jorgenssn, ,£i, costs 10s. ( Commercial Agency, Ltd.; arid IX. C. Gibbons and Co., Ltd., v. T. Harris, .£lB 17s. lid., costs £1 10s; Cd.; Dayton Moneyweight Scale Co., Ltd., v. Tucker Ilros., £10 10s„ costs iil 10s. Gd.

JUDGMENT SUMMONS. ■ In a judgment summons ease, Peter Brown was ordered to pay to W. H, Beddeil the sum of J3l 10s. 5d., by June 1 next, in default to '-undergo 24' hours' imprisonment. POLICE CASES. Police cases at yesterday's.sittings ol the Magistrate's Court were taken before Mr. D. G. A. Cooper, S.M. Decision was reserved in tho case against Emily Thomas, who is charged under the city by-laws with keeping a house of ill-fame in Cambridge Terrace. Purther evidence was heard in the in which Lacy Uston Bruce Wallace and James Brcniiau Warehain ors charged with assaulting a Chinese fruiterer, whoso shop is in Upper Willis Strk't. The hearing will ba resumed on Tuesday next. Charges of drunkenness were proved against the following Andrew Williamsoli, convicted and ordered to como up for sentence when called upon, on con. dition that he entered the Ohiro Homei .Tames M'lntosh Cocker, fined 205., with the option of three days' imprisonment i Mary Sprowell - and William Gray, fined 10s. each, with the option of 48 hours' imprisonment; and three first offenders who were leniently dealt with. Albert Alhvood, charged with indecency in Customhouse Quay, was fined dCI. in default to undergo three days' imprisonment. Khristian Henry -Jensen pleaded not guilty to a charge of assault, and was remanded on bail until May 22. John Poster, who made use of obscene language while drunk, was'fiue.d X 3, and ordered tc pay <s. for witnesses' expenses. Default was fixed at one'month's imprisonment. John Miller, who was found drunk in Buckle Street, and who damaged a glass panel valued at .£2, was ordered to make good tho damage, and to pay 4s. for the expenses of a witness. The alternative -was seven day?' imprisonment.