THE SLAUGHTERMEN'S STRIKE.

Ashburton Guardian, Volume XXIX, Issue 7242, 30 July 1907, Page 4

THE SLAUGHTERMEN'S STRIKE.

THE APPEAL CASE.

WELLINGTON, July 29. | The Appeal Court to-day is hearing } the case of Keddie v. Millar, an appeal j from Mr Justice Williams', decision. Respondent is a slaughterman's assistant at Pareora Freezing Works, and who was . fined £5 for taking part in a strike. A j writ of attachment was moved for and j refused by Mr Justice Williams, on the j ground that the mode of recovering tho j ariiount of the fine prescribed by the j Legislature was prescribed for the re- 1 covery of a debt and not a penalty, and | ccnsequent on the imprisonment for Dept Abolition Act no one could be imprisoned for failure to pay a debt. Mr Justice Cooper, in a previous case, had granted a writ of attachment, and the Appeal Court has to decide which | view is correct. Mr Bell, K.C., and Mr J. L. Stout are for the appellant, and Mr Raymond and Mr Herdman for the respondent.

Mr Bell, K.C., contended that, as a general rule, a fine was recoverable in the civil jurisdiction of a Court. Although the process of recovering a fine under Section 101 of the Industrial Conciliation Act, 1905, was through the civil jurisdiction of the Court, the fine was still a penalty by virtue of the excepion of Section 4 of the Imprisonment for Debt Aboliion Act, 1874. Imprisonment for non-payment had not been abolished, and a writ of attachment could issue. He further contended this was a debt to the Crown, and therefore the Imprisonment for Dept- Abolition Act, 1874, did not apply, and the respondent was attachable for non-payment.

Mr Raymond, for respondent, argued that tho- only remedy of the appellant was . that of a judgment creditor for recovery of a judgment debt ; that commitment under the Imprisonment for Debt Abolition Act was net process for enforcing payment ';. til. at payment cf tho penalty is not enforceable by at achment,and that the fine inflicted on respondent was not within the words of Rule 386 of the code of civil procedure, which conferred on the Court power to issue a writ of attachment.