CLAIM FOR WAGES

Taranaki Daily News, Volume L, Issue 61, 23 October 1907, Page 2

CLAIM FOR WAGES

iu _tlie Magistrate's Court yesterday morning Vickers sued the lioru Sawmilling Company for :C2U ISs (id. The plaiumi' had been working fur J. \V. Stewart, a contractor under the company, and Jud obtained judgment and an order attaching moneys duo to the contractor by the defendant conipanv. iiNo cll'ect had been given by the company to the attachment order, hence these proceedings. The evidence adduced showed that there had b'cen a payment made by the company to the contractor oil 20th August, after the date of tin attachment, and other moneys amounting to £207 were disbursed 011 other accounts, being more than suilicient to satisfy Vickers' claim, although at the outset Stewart stated emphatically that on Uth August the, company owed him nothing and had paid him nothing after that date. There wns a lengthy argument upon the application of defendants' solicitor (Mr. Wright) for a, nonsuit, principally urged upon the ground that the contract was only from month to month; that each month's work was a separate contract; and that Vickers' claim for June wages should have been made earlier. Mr. Johnstone (for plaintiff) submitted that the judgment had been obtained, the order made on the employer, and Unit there had been funds to meet it. That was a clear case for the defendant to answer. The nonsuit was refused. Mr. ' igl't then called 15. A. Eile, for the defendant company. Counsel addressed the Court at some length concerning the time in which notice of an attachment must lie served upon an employer under the Workmen's Wages Act. Under the Contractor* and Workmen's Lien Act of J BO2 the notice must be served within (toty-one days after the completion of the work, and Mr. Wright contended I hit the Workmen's Wages Act must 'ojfther with that measure, 'filmstoue submitted that the Acts sluvild be interpreted separately. Counsel quoted authorities. The Stipendiary Mif'strate favored Mr. Johnstone's vieif! on tho legal aspect, and gave judgment for plaintiff for the amount claimed , lll(i oog( . s £5