MAGISTRATE'S COURT

Dominion, Volume 9, Issue 2847, 11 August 1916, Page 9

MAGISTRATE'S COURT

IMPORTANT NONSUIT POINT

A RESERVED JUDGMENT

Mr. W. G. Itiddell, S.M., who heard t.lie civil cases in the Magistrate's Court yesterday, gave the fojlowing reserved judgment on an interesting nonsuit point raised by Jlr: T. M. Wilford in the civil action, Inspector of Awards (Mr. H. E. Moston) v. Edward Kennedy, a claim for £200 as a penalty for an offence under Section 8 of the Industrial Conciliation and Arbitration Amendment Act, 1908. It was alleged that defendant, being secretary of the Petone Woollen Mills Union, did, during the months of February and March, 1916, aid an unlawful strike of workers employed ,by the Wellington Company, at the time that those workers were boufid by an award. On June J. the union was penalised in the sum of £50 for instigating! a strike, and Mr. Wilford, who appeared for Kennedy, argued that, as defendant was a member of the union, the judgment against that union was a bar to the present action. It was a case of res judicata. Counsel cited analogous cases in support of his argument that defendant could not be proceeded against twice for the same offence. In His Worship's opinion ; however, tho cases cited did not aid the defendant in any way. In the proceedings taken by plaintiff against the union, Kennedy was not named as a party, and there was no judgment against him. His Worship was unable to discover how ho could be affected by any process of the Court, as the result of the judgment, and if never before the Court, by-what, authority ha could be said to be liable in a judgment against his union.'' The nonsuit point of res judicata raised must therefore be overruled. , Further hearing of the case will take place on Thursday nest. JUDGMENT BY DEFAULT. Judgment by default was given in the following cases: —E. J. Johansson v. P. Sullivan, £3 4s. 7d., costs 135.; Frederick ltnigge v. J. Scott, £2 os., costs 10s.; Frost and Frost v. H. Tankard, £1 35., costs Bs.; Hutt County Council v. Reuben A. H. Larazus, £7 18s, 6d., costs Bs.; same v. Harry Martin, £9;18s. 6d., costs Bs.; C. Bowden v. Peter Brown, £2 '3s ( Id., costs 10s.; National Dairy Association v. E. Williams, £130 16s. 6d., costs £6 135.; J. B. Clarkson and Co., Ltd., v. Thomas P.. Willason, £9 10s., costs Bs.; Bing Harris and Co., Ltd., v. R. H. Davcn.v",' trading as tlie Wanganui Company,- £7 Bs. 6d., costs £1 3s. 6d. | JUDGMENT SUMMONS. Charles Thorns was. ordered to pay Bunny and Ayson the sum of £24 19s. on 6r before August 24, in default 21 days' imprisonment. ORDER- FOR- POSSESSION. The Governors of the Wellington College and Girls' High School proceeded against Mary Knapp for possession of tenement and £3 19s. An order was made to issue a warrant for possession on August 2o to be returnable on August 31. OASELBERG- V. O'BRIEN. Further evidence and legal argument was heard in the case Caselberg and Co. v. J. O'Bnieii and Co., Ltd., a claim for £39 13s. 3d., less the proceeds of the sale of certain goods. His Worship intimated that he would reserve his decision. Mr. H. F. Von Haast appeared for plaintiffs and Mr. H. E. Evans for defendant. . POLICE COURT CASES. Mr.'D. G. A, Cooper, S.M., heard the following polico cases: — '•> Mary Houston and John Payne were each lined 10s., in default, 48 hours' imprisonment, for insobriety.Alfred John Lacey appeared to answer two distinct cba/gcs of having committed breaches of maintcuaucc orders made against him. In one case the arrears amounted to £183 los., in respect of tho maintenance of his wife and the other £44 in respect of the maintenance of his children. Mr. P. J. O'Regan, who appeared for defendant, admitted the arrears and said that- as his client was only earning £2 10s., it would be impossible for him to pay off the arrears and keep up the payment of the order as well. He therefore asked for a reduction of tho amount of arrears in respect to the wile, and also that the £44 should be wiped off altogether. His Worship said that he would reduce the first amount to £2 and made an order that that sum must lie paid by to-morrow, failing which Lacey will have to spend . ten days in prison. The arrears in respect to the maintenance of the children were struck off, but defendant has still to pay 15s. per week towards maintaining his wife, and 10s. towards keeping his children. Mward Winter was convicted of an assault on a young woman at Trentliam on August 2 and lined 205., in default seven days' imprisonment. On

a second charge of indecently assaulting a murried woman at the same time, and in the same place, accused was committed for trial at the November sittings of the Supremo Court. Bail was fixed at £100 as before. Mr. P. W. Jackson appeared for accused.