WORKMEN'S WAGES.
INTERPRETATION OF THE ACT. An interesting legal point, which will have considerable effect on contracts for certain classes of work, was raised in the bushfelling case at last sitting of the Kawhia Court. A number of workmen sued the owner of the property, Mrs Newton King, for wages alleged to be due on a large bushfelling contract, the contractor being unable to meet his liabilities. Mr Sharpies, appearing for the defence, made a distinct "score" by raising the preliminary objection that bushfelling did not come within any of the descriptions of work specified in Part 3 of the "Wages Protection and Contractors' Liens Act, 1908." He cited the case of "Haynes v. McKillop," (7 G. L. R., p. 478), which decided that bushfelling was "work" under the Act of 1892, but pointed out the variances between that Act and the Consolidated Act of 1908, and argued that the alteration of the word "includes" in the former Act to "means" in the latter one limited "work" to the descriptions specifically defined in the intrepretation clause (section 48), otherwise the case cited would have no meaning in effect.
After hearing Mr Swarbriek, for the plaintiffs, in reply, the magistrate upheld Mr Sharpies' contention, Whereupon Mr Swarbriek accepted a non-suit in all the three actions, with costs to the defendant In connection with the interpretation of the Act it is interesting to note that a question concerning the matter was asked in the Legislative Council on Friday by the Hen. 0. Samuel, who wished to know if the 1908 Act would be altered ao as to sustain the same interpretation as
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King Country Chronicle, Volume VI, Issue 508, 12 October 1912, Page 6
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270WORKMEN'S WAGES. King Country Chronicle, Volume VI, Issue 508, 12 October 1912, Page 6
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