MAGISTRATE'S COURT

Dominion, Volume 12, Issue 102, 24 January 1919, Page 3

MAGISTRATE'S COURT

POLICE CASES. In the Magistrate's Court yesterday an elderly man named George Harley was sent to gaol for 14 days—"to get the drink out of him," the Magistrate said. For committing a breach of his prohibition order Job Pryce was fined £2, in default seven days' imprisonment. For insobriety William .Lynch and Robert Pitts were each fined 10s., with the option of 48 hours' imprisonment. CIVIL CASES. Mr. W. G. Riddell, S.M., dealt with the civil cases. The Inspector of Awards (Mr. R. T. Bailey) proceeded against T. Hilton, licensee of the National Hotel, to recover £10 for a breach of the hotel workers' award, in that he had engaged a waitress without having made application to the secretary of tho union for such worker. For the defendant, Mr. P. W. Jackson said that the matter was purely an oversight. Judgment was given for the plaijjtiff for 10s. The Inspector of Awards also proceeded against A. Wilkening and Son, builders, Taranaki Street, to recover £10' as a penalty for a breach of the carpenters and joiners' award. The inspector stated that the application was made with a view of enforcing the provisions of the award dealing with country work. Wilkening and Son were engaged on a job at Paremata, and an employee, , J. A. Peart, was engaged on tho job from May 2 to August ?4 last. The award provided that journeymen and apprentices employed upon country work should bo paid an additional ■3s. 4d. per day, or the employer might at' his own expense provide suitable board and lodging. The arrangements made were that Peart was to be paid Is. j9d. per hour, whereas the award rate was Is. 6d. per hour, plus a war bonus of 2d. per hour The question of the payment of 3s. 4d. per day was discussed, but as Peart found hfsown lodging, it was arranged that the sum should be left until the completion of the work. When applicatior was made for the amount due, £1C 10s., the application was refused. How-

ever, the employer proposed to pay for board and lodging* incurred by Peart, although during the time' that Penrt was employed flie employer had not stated whether' he elected to pay tho allowance or to provide lodging. Mr. T. W. Hislop, who appeared for tho_ defence, snid that the premises in which Peart slept were provided by the employer, who was not aware of the special provision in the award in resoect to country work, this being his first contract for a country job. Peart lost a considerable* amount of time on-the job,' for which he was , paid m full, and this, plus the extra Id. por hour, amounted to £11 Us. Counsel contended that tlie arrangement was 111 every way reasonable. Furthermore, when the demand was made for £15 10s., the employer, made an offer to pay half tho bill, but this was refused, and after considerable delay action was taken. After hearing the'evidence trW Magistrate held that a breach had been committed, and gave judgment for plaintiff for £1, with costs totallina 10s. Judgment was given for plaintiff by default in the following eases:—Commercial Agency, Ltd., and Cycle and Motor Supplies, Ltd., v. W. B. Stock, £1S 16s. Id., costs £1 10s. (3d.; H. B. Kmg v Thomas Tyree, £16, costs £1 10s. 6d.; J. J. Eason and Son v. ,J. Hoherty, £5 12s. od, costs £1 15s. £■'■~ ty Colnlcil v. C. J. Ralhintine, £6 14s. Bd\, costs £1 3s. 6d.; L. W. lißlkind y.' Samuel L. Shepherd. £3 1/s. 9d, costs 10s: ■ snmc v. Christina Kiley (separate estate). £7 11s., costs f-i ?n' 6d ' ; S!llno v> Walter Laivson, tr 195., costs 55.; same v. Pansy -UronsliDUl (separate estate), £5 7;< Gd'' costs £1 6s. 6d. j same v. Florence JJeazley (separate estate), £6 175., costs £1 3s. Gd.; same v. Siluva Lister (separate estate), £7 2s. 6d., costs £1 los. (id ; Barber and Co. v.' Esther -Vogcl (separate- estate), Bs. 2d.. costs 10s.; Commercial Agency, Ltd. and J. * Cl "io v - ; T - ' IVnra<l y. £3 9s. 6d, costs 125.; Public Trustee v. W. J Pickering, £15 6s. Bd., costs £1 10s! ocl.; sumo v. ftgalmi Hariwena (separate . ostate), £l(i 7s. U., costs £1 14s. 6d.