MAGISTRATE’S COURT

Press, Volume LXXIII, Issue 22004, 30 January 1937, Page 9

MAGISTRATE’S COURT

FRIDAY (Before Mr E. C, Levvey, S.M.) . DRUNKENNESS James Robertson was convicted and sentenced to seven days’ imprisonment on a charge of being found drunk in Cashel street. TRAFFIC CASES

The following were convicted and fined and ordered to pay costs for breaches of the traffic regulations:Cycling on {ootp&th“"Winißm Stevens, costs only; Lloyd Young, 10s; Phyllis Ball, costs only; Andy Ell, 10s, Alister Gordon} 10s; William Robert Ledsham, ss; Margaret Thompson, costs only. . ■ .... Cycling at night without a light— Stanley Connor, costs only; William John Plank, 10s; Charles Edward Matthews, 10s; Edward Stewart Emerson, costs only; James Thomas Ayers, costs only; Clifford Davies, convicted and discharged; Keith Hawkins, George Thomas Ives, ss; Russell Lignins. 10s; Silas Cameron MacCarthy, 10s; Richard John Nash, 10s; Stanley Patrick, 10s; Alfred George Ringdahl, 10s; Donald Robert Rolton, 10s; John Selwyn Senior, 10s; Cyril Thorpe, 10s; Desmond Wild, 10s. , Speeding—Derek Harold Hammond, £2;- Maurice Bennett McClurg, 20s. Driving motor-car with insufficient lights—Robert Arthur Stringer, 20s; William Birnie Bolstead, 20s; Raymond Henry Bell, 30s; John Francis Barns, 30s; Leonard Francis Gillespie, £2, John Mawson, 20s; James Sandford. 10s. No driver’s license—Leicester Arnold Webster, 10s (failing to give way, 20s); George Bevan Eathorne, 20s; Stanley Rhodes 20s Motor truck without lights—Thomas ® Falling to keep to : left —Edward Tennyson Chirnside, 10s. Motor-cycle without lights—Edward Morris Dorney £2, Lawrence Gardener £2 (no driver’s license 10s).-Motor-car without tail-light, Florence Foster 10a, Edward Arthur Larson 10s. William Moir ss. _ . Motor-cycle without tail-light—Peter Myles Irwin ss, William Henry Storey 10s, Richard Byrne Trembath 10s. Driving motor-cycle with insufficient lights—James Mahoney 5s (no license 10s), Albert Henry Tavendale 10s. Motor-car without lights—Augustus William Jones 10s. ■ ~ . , Failing to give way—Claude Machlrus 20s. William Philp costs only, Donald Ramsey 2Qs, Clifford Joseph Snell 20s, Harry Arthur Walpole 20s. _ Driving car on footpath—Reginald Edwin Shearer 10s (insufficient lights Of traffic—Victor George driving—Albert Douglas Ridden 20s. LICENSE CANCELLED For driving a motor-cycle in a dangerous manner, Ronald Eric Cashmere was convicted and had his license cancelled for three months, and was fined £2.

LABOUR CASES (Before Mr F. F. Reid, S.M.)

NOMINAL PENALTY FIXED For failing to pay an employee the wages prescribed hy the storemen’s and packers’ award, Mason, Struthers and Company, Ltd. (Mr A. F. Wright), were ordered to pay a penalty of 5s in proceedings brought by the Labour Department (Mr H. A, Gatward). , Mr Wright admitted a technical breach of the award, but said that the employee, who was 60 years of age and not in good health, had applied to the union for an under-rate worker’s permit and had been told that the firm could carry <pn with its arrangement in the meantime. Oil a later application he was told to apply in writing. The circumstances were explained when an inspector paid a visit to the firm. The employee concerned was not fit for heavy work. “This raises a very important question whether a man who has reached a certain age and cannot earn the award wages - should be unable to earn a livelihood,” he said. “The under-rate worker’s permit, was withheld, and if this is the policy of the department many men will be unable to earn their living. _We desire an assurance from the union and the department as to what their attitude is. ’ Mr Gatward said that the original investigation was made before any application was put in. He produced a letter from the union to the department refusing a permit. Mr Wright said that this was _in direct contradiction to what the union had said, and that this was the first intimation of a refusal. The magistrate said that the question whether a permit should have been issued or not was outside the lurisdiction of the court. As the firm 'had had reasonable expectation of securing a permit, he would fix a nominal penalty.

EMPLOYING„j\PP_RENTICE WITH-

OUT PERMIT,

A penalty of £1 was allowed against R. L. Sparrow, a joiner (Mr E. A. Lee), in a claim brought against him by the Labour Department (Mr Gatward), for employing an apprentice without a permit from the apprenticeship committee.

JUDGMENT FOR DEFENDANT

Judgment for the defendant was given in proceedings brought by the Labour Department (Mr Gatward) against F. R. Rich (Mr W. R. Oliver), in which it was alleged that the defendant had failed to pay an employee the rate of wages prescribed by the bakers’ and pastrycooks’ award. The magistrate said that the department had not brought evidence to substantiate the position of the employee at the period in question. CLAIM AGAINST BUILDER

The Labour Department (Mr Gatward) claimed penalty from Graham Jamieson, carrying on business as J, and W. Jamieson (Mr R, A. Young), for failing to supply sanitary conveniences for men employed on building operations. „ , , Mr Young said that difficulty had been caused as the work was below the drainage level. Other arrangements had been made, but the department had not been notified. A penalty of 10s was allowed. FOUR CLAIMS

Camellia Peoples was ordered to pay a penalty of 10s on each of four claims brought by the Labour Department (Mr Gatward). Costs were also allowed-

The department’s claims were that the defendant had failed to pay award rates to an employee at the Bellvue Hotel, failed to keep a time and wages book, employed another worker for more than 44 hours in a week, and failed to allow this worker the statutory half-holiday. , . , x Mr R. A. Young, for the defendant, said that the employee in the first claim was partially incapacitated and both he and his wife were given free board. The other employee preferred to take one day off in a fortnight instead of two half-holidays. THREE CLAIMS

The Labour Department (Mr Gatward) proceeded against Hadfleld and Company (Mi; Young), for failing to keep a time and wages book, paying an employee less than £2 a week under the Factories Act Amendment, and failing to pay another employee award rates under the drivers’ award.

Defendant was ordered to pay a penalty of 20s on the second claim and ordered to pay witnesses’ expenses £3 5s on the others.

JUDGMENT FOR DEFENDANT The Labour Department (Mr F. Wilson) proceeded against D. M. Park and Company, claiming that the firm had failed to pay two employees the rates of wages prescribed by the storemen’s and packers’ award. Mr D. W. Russell, for the defendant, submitted that the work done by the employees did not bring them under the award. The magistrate said that the question was one of substantial employment and gave judgment for defendant.

LEESTON

(Before Mr H. A. Young, S.M.)

William Sheldon Smellie admitted a charge .of failing to give way to traffic from his right at an intersection near Southbridge. He was fined £2 and ordered to pay-costs. An application by William Stretz for a variation of a maintenance order and cancellation of arrears was dismissed.

Two brothers, Alexander and James McLean, of Methven. were jointly charged with the theft at Southbridge about November 9 of a maul valued at 13s, the property of R. W. Payne, and a canvas platform cover for a reaper, valued at 355, the property of T. C. McLachlan.

Pleas of not guilty were entered, and both accused were defended by Mr W. J, Hunter. , , , , After lepgthy evidence had been heard the magistrate found both the accused guilty on the first charge. On the second charge Alexander McLean was found guilty and James McLean not guilty. Each accused was fined £lO and was ordered to pay costs.

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