RESIDENT MAGISTRATE’S COURT

New Zealand Times, Volume XXXIII, Issue 5461, 27 September 1878, Page 3

RESIDENT MAGISTRATE’S COURT

Thursday; September 26. (Before T. A. Mausford, Esq., 8.M.) ‘ ASSAULTING THE POLICE. Jame McGafferty was charged with resisting the police on Wednesday night. Constable Manning stated that the accused was very violent, and the assistance of two men had to be obtained to get him in a cab. Prisoner was fined 405., or in default to be imprisoned for 14 days, with hard labor. CIVIL OASIS. Edwards v. Martin ; claim, £lO, for wrongful dismissal from the steamer. Jane Douglas.—Mr. Bell appeared for the plaintiff, and Mr. Travers, jun., for the defendant. —Plaintiff deposed that he had been acting as steward for the steamer Jane Douglas, and had been summarily dismissed when the steamer was laid up for repairs. No reason had been given ' him for his discharge.—Mr. Henry Bennett deposed that he had held the position of providers for the New Zealand Shipping Company for some years. During his tenure of office it was not customary to discharge a steward summarily. It was the practice to discharge hands when the vessel was laid up, but the men always received notice.—Plaintiff recalled stated that he had been discharged by the purser and not by the master, —Captain Fraser, master of the Jane Douglas, deposed that he had power under his articles to dismiss the man without notice.—-Mr. Deacon, agent for the Anchor Line ef steamers, deposed that masters in the company which he represented could dismiss their men at twenty-four hours’ notice. He did not think it was the rule to discharge a man while a vessel was lying up, and immediately appoint another in his place. —His Worship said that notwithstanding the clause in the articles he held that a man could not be summarily discharged without some valid cause, and he would therefore give judgment for the plaintiff for the amount claimed and costs.—Mr. Travers asked leave to appeal. —His Worship said he would be very glad if Mr. Travers would appeal, so as to have the point authoritatively settled, v. Greening ; £5 3s. 3d.—Judgment for plaintiff for the full amount and costs. In the following oases judgment were given for the plaintiffs : —A. Dimmant v. A. Macdonald; claim, £lO 7s. fid. Thomas and Co. v. J. Dooley ; claim, £37 Is. 4d. Defendant paid £l2 15s. into Court; judgment was given for £l4 ss. lOd. W. E. Hollis v. Watts ; claim, £7 Is. 10d. Judgment for £6 17s. lOd. Cleland v. Vaux; judgment summons for £37 7s. 3d. Plaintiff stated the defendant was the best saddler in the Australian colonies, and could make from £6 to £7 per week. Defendant was ordered to pay £5 peh month, the first payment to be made on 24th October, or in default three months’ imprisonment. Williams v. Mclntyre; judgment summons for £lO 14s. 6d. Defendant was ordered to pay the amount in two instalments, onehalf the amount in four weeks, and the remainder in eight weeks, in default-four weeks’ imprisonment. Cohen v. Webb ; judgment summons for £44 15s. Plaintiff deposed that the defendant was in a position to pay the amount at once. Defendant was ordered to pay on or before 23rd October, or in default three months’ imprisonment. ____