MAGISTRATE'S COURT

Dominion, Volume 11, Issue 119, 6 February 1918, Page 9

MAGISTRATE'S COURT

— THE POLICE LIST Mr. S. Ji. M'Carthy, S.M., presided over tbo Magistrate's Court, yesterday and dealt with the police cases. l'or insobriety, liudolf Johnsen was fined £3, in default one month's imprisonment, and was also ordered to ]>ay 17b. (id. medical expenses, with the alternative of serving seven days in gaol. A first offender was fined 10s., in default 24 hours' imprisonment, and anothor was fined 205., with tho option of 48 hours' imprisonment. When the case against Albert Jtowland Durrant, licensee of the New Commercial Hotel, who was charged with assaulting a soldier named Herbert Ontts, was called, Mr. H. l'\ O'Leary said that he had been instructed by Mrs. Durrant, who informed liiin that a summons for her husband had been left with her the provious evening, and that her husband ba3 left that- day by tho Main Trunk express for I'almerston with tho intention of proceeding to Napier, and that it had been impossible to oommunicatei with him in time to have him appear in court. Inspector Marsack stated that Durrant was alleged to have assaulted a soldier on Saturday last, and instructions wero given for a summons to bo issuod. Early on Monday a constablo was sent round to serve the document and was told that Durrant had gone for a. walk and had not returned; later in the day two constables wont to tho hotel and were told that Durr.int had left by train, and the summons was accordingly left >vith Mrs. Durrant. The Inspector explained that somo of his witnosses belonged to a reinforcement draft, and it might be difficult to got thorn to the court should thero bo any delay. Mr. M'Carthy said that it looked uncommonly like Durrant getting out of the way, but ho would not say ho Had dono so. However, ho was not prepared to go on with the case in his absence, as it might have some: bearing on the license. Tho case would bo adjourned to Thursday. Andrew Staffert, employed ly Munt, Cottrell and Co., who was said to have left his employment without giving the requisite seven days' notico as icquired by the award, was fined 20s. and costs. The case was brought by the Inspector of Awards (Mr. R. T. ley)CIVIL OASES. Mr. W. G. Biddell, S.M., dealt with tho civil caseß. Judgment was Jfiven for plaintiff by default in the following cases: —British and Continental Piano Co. v. Stephen M'Namaxa and Walter Davis, £62 Bs. Id.', costs £4-135.; Wellington Hotsl Workers' Union v. Mary Tubman, £2 6fl. 6d., costs 65.; same v. Ellen Douvcs, £1 175., costs 65.; Hope Gibbons, Sons, and J. B. Clarkson v.. Andrew Boag, £20 75., costs £1 3s.E. Reynolds and Co., Ltd., v. N. P. .Nielsen, £20 17s. od., costs £1 11b.; Stewart Timber Co. v. Louis Gastav Bremer, £18. 7s. 6d., costs £1 Is.; same v.. John Welbey Hart, £4 3s. 10d ; , costs 125.; Ferraro and L. Meo v, W. (S. Poole and Co., £3 155., costs 10s. JUDGMENT SUMMONSES. In judgment summons cases, J. Fraser was ordered to pay Robert Johnston £4 6s. by. February 19, in default four days' imprisonment; James Dykes was ordered to pay the Wellington Loan Co., Ltd., £7 2s. by February 10, in default seven days' imprisonment; James Whito Harding was ordered to .pay Henry George Richardson £34 Ss. by February 19, or undergo twentyeight days' imprisonment. A LAND TRANSACTION. Mary Cecilia Rea, for whom Mr. P. W. Jackson appeared, claimed from George Rogers, represented by Mr. E. M. Beechey, the sum of £39 13s. 7d., being the amount of instalments alleged to be in arrears under im agreement to purchase a ieaso of certain land' at Silvers trea'm, together with interest on tho overdue -'instalments. The' case' was heard by Mr. S. E. M'Carthy, S.M. For the jefence it was stated that plaintiff had indicated certain boundaries defining the land which defendant was purchasing, but the defendant had. since, ascertained that those boundaries were not correct. It was also contended that tho Court had no jurisdiction in the matter, as the question of title was involved. His Worship reserved his decision. FREEZING WORKS EMPLOYEES. The interests of certain workers eraployed in freezing works were.involves in the case of John Henry Adams, represented'by Mr. P. J. o'Regan, against the Wellington Meat'.-.Export Company, for whom Mr. H- E.' Evans ; appeared. Tlio -amount claimed ■ was- £1 lis. 7d. The plaintiff was employed by the defendant company as a fireman from June 28 to September 5, 1917, at the minimum wage prescribed by . the industrial agreement, namely, l'ls. per day. The overtime clause provided that time and a quarter should be paid for Sunday work, and the plaintiff worked for ten Sundays, for which ho should havo been paid 13s. 9d. per Sunday, instead of lis. A further provision in the Agreement was that it should not apply to permanent hands employed 'from year to year. Evidence was given by Mr. Croll, superintending engineer of tho company, who stated that for years past firomen'had been in effect employed from year to year, and that it was the intention of the parties when the agreement was drawn up that they should: bo excluded from tho provisions of the industrial agreement. Mr. S, E-. M'Carthy, who heaird the case, reserved his decision, j