WORKMEN'S WAGES ACT.

Wairarapa Daily Times, Volume XV, Issue 4621, 13 January 1894, Page 3

WORKMEN'S WAGES ACT.

important Decision. His Worship tbe JReaideat Magistrate gave judgment in the Masterton R.M, Court this morning in the case of B.fi. Mannering and L. Thomson v. the Education Board, T. Spackman tod L. R. Tratham, in which tliu plaintiffs, two working men, claimed money for wages doe to them. Tbe Education Board had paid a certain sura into Court, Messis T. Spackman and L. R. Trathan being contractors, Mil Worßhip aaid: The first pan of the case must be decided under the Contractors and Workman's Lien Act, 1892, and Workmen's Wages Act, : 1898. The Education Uoard have paid the amount into Court, and Spackman signed a confession of plaintiffs' claim, but Trathan appears and contests the validity of the proceedings. On bis beUalf it is contended that the proceedings uve ' out of time, and also that if not, the plaintiffs bava waived their right to jtatttgjkd; tinder the Act, by hiring VMmned proceedings and obtained judgment in this Court. Whether |h* plaintiffs' present proceedings are within the time, depends upon 8 whether the periods of limitation of G 30 or 60 days arranged by the Act fer serving notice and commencing actions, are to be reckoned from the completion of their work; or the com* • pletion of the contraot upon which the work has been done. Upon a con* sideration of the provisions of tbe Act, lam of opinion that the period of limitation dates from plaintiffs' individual work. To give the othtr construction of the Act, viz, that a workman's remedy only ' accrues with the completion of tho contraot, in other, words when the employer's work is done, W'Jd I tniok, in many caees, defeat rfJKot of the act. I therefore fflrtbatthe present proceedings—not having been taken within 60 days, are out of time and that the charge «ougbt to be enforced is out of tjme and cannot be attached Apart from this tbe Contractors and Workmen's Lien Act is esaoted with ibe espreas purpose of making better I ring to a workman KOVidea that wageß of agreement, be ) hold (hat a work* > wait some wholly iod before being able ific remedy given to ckery.lt borders on lose that the Legislat a workman should and wait, say for i order to enforce a day's work. Tbif rue, is adverse to this case, but to put 'Uction on the Act oos to the very class he Legislature seeks i second point of the oald have the money, used to decide, and rike out the case. >oted, Mid after legal oi)shipsaidhe would on this konMonday.