MAGISTRATE'S COURT.

Dominion, Volume 1, Issue 226, 17 June 1908, Page 3

MAGISTRATE'S COURT.

POLICE CASES (Before Mr. W. G. Riddell, S.M.) DRUNKENNESS. A first offending inebriate was fined-55., in default 21 hours' imprisonment. • ALLEGED THEFT OP COPPER. A young man named Albert Murphy, alias Woods, appeared on a chargo of stealing a quantity or copper valued at 30s. from some porson or persons unknown. Accused pleaded hot juilty. Sub-Inspector O'Donovan asked for a romarid .until Monday to allow inquiry to be made for the owners of tho copper. Tho Magistrate granted tho remand asked for, .bail of £10 and ono surety of £10 being allowed. CIYIL CASES. (Beforo Dr. M'Arthur, S.M.) JUDGMENT BY DEFAULT. Judgment for plaintiffs by default of defendants was granted in tho following cases:—Walter Whitehouse v. Sverro Sorenseu, £86 2s. 6d., costs £1 10s.; George' and Georgo v. Evison and Lambort,, £2 Is. Id., costs 10s.; Sharland and Company, Limited, v. Alfred W. Harrison, £6 10s., costs £1 3s. 6d. Kahn and Kahn v. Susan' Fox, 13s: 6d., costs os.; M'Guinness and Langdon v. F. G. Shclton, £8 25., and oosts £1 3s. 6d. j "New Zealand Times" Co., Ltd., y. W. A. Adams, 3s. 6d„ costs os.; Palmer Engineering Co., Ltd., v. D .C. Thorley, £75 13s. 10d., costs £4 7s. 6d.; W. Naismith and Company v.| A; W. Harrison, £84 12s. 10d., costs £4 12s. ALLEGED WRONGFUL DISMISSAL. A claim for £187.125., damages for alleged wrongful dismissal, was heard between Walter Georgo Taylor and tho Now Zealand Fruit and Produce Company. Mr. Johnston represented plaintiff, and Mr. Herdman appeared for tlio defendant Company. '

. Plaintiff said ho had been in the Islands for a number of years. Ho used to send bis fruit, anything up to 500 cases per shipment, to'.Lovien, Shallcrass. but be transferred to .the Now Zealand Fruit Company. Some timo last year, ho heard he was to got a legacy, and he visited New Zealand. At Wellington he met Mr.-Shallcrass, who was a relotivo, and told him that he had come into some money. : Mr. Shallcrass suggested that he should como to Wellington to tako his place as secretary, subject to the approval of the directors. The question of taking up shares was referred to. Witness mentioned 500 shares, as the sharoholdors were Chinese and Europeans. Tho Chinese held 1500 shares against 1000 held by the Europeans. It was his wish to alter this proportion in tho event of the Chinese endeavouring to obtain more votes. Tho matter was not definitely decided. Lator, witness found that' he might bo unable to tako tho 500 shares, and he telegraphed to that effect. Ho disposed of his business at Rarotonga and camo to Wellington. Witness'acted as secretary to the company, and attonded .board meetings as secretary. When.ho had been there_ about sis weeks ho discovered that it was" necessary to make arrangements for extra money; and at a meeting of directors ho was asked to take up 500 shares. .He declined to do this. After this, ho received" a letter dismissing him, as he had failed to maintain his agreement to take tho shares. A month later, ho received a letter offering him , reinstatement, but he did not accept it. By Mr. Herdman: Between tho date of dismissal and the date of the offer of ro-engage-ment, he had made arrangements to return to tho Islands, and a house might have been secured, but ho could not suggest any other possible loss that might :have been 'incurred. At this stage : further .hearing was adjourned until Thursday. CLAIM FOR WAGES AND OyERTIME. , STRONG COMMENT BY THE .BENCH.

Judgment was given by Dr. M'Arthur in a caso between. Arthur Bray (Mr. O'Leary) and Lyons and' Co. (Mr. Blair), a claim for £32 19s. 3d wages. Plaintiff was employed by the defendant company as a driver at £2 ss. per week, and on April 16 Ho was' informed that .his services as driver wero no longer required, but that lie could work in the stable. This he refused to do, and he left defendants' service. The statement set out that he worked on an average 83-hours per week. " In the terms of the Drivers' Award, 47i hours (exclusive of' tho time for necessary attendance to. horses) was fixed as the working week, but he workod 379 hours overtime on week days. In addition to this, plaintiif alleged that he worked on eleven Sundays, the t'otal; being 50 J- hours, which, under the award, ho alleged, should have been paid for at the rate of 2s. per hour. He claimed a week's wages in lieu of notice, £2 55.; 22 hours at Is. per hour, £1 25.; 357 hours at Is. 3d. per hour, £22 6s. 3d.; 50} hours at 2s. per hour, £5 Is.; total, £32 19s. 3d.

In giving judgment, tho Magistrate said that there appeared to be no merits in tho case. The plaintiff purported to have a book regarding the time be was employed, but it bore tho strongest evidence of having been written at one time. While'- in the employment of defendants he never referred to overtime. This was admitted, although he received his wages each week regularly, and signed a receipt. His -successor, who waa by no means a strong young man, worked, on an average, 43 to 44 hours, half what plaintiff claimed j In fact, .ho seemed to havo counted in all his waking hours on each week day with an occasional half-holi-day on Sundays. The Magistrate put no faith in tho book, even if it was written up each day. ' If plaintiff was all the time ho said lie was,® it was either because he wasa muddler, or because lie preferred sitting in the van or loafing about. He had been before the Court on at least two occasions, one for furious driving, and another for loitering, and- was fined on each charge,_ yet he admitted that he never asked for his overtime although he must have wanted the money. ■ His Worship did not consider that ho worked anything like the time' stated. As to his refusal to work in the stable, he said he was engaged solely to drive the van and was not engaged to do anything else. This was flatly denied by the manager for the defendants, who stated .that Bray was engaged to do as-ho was told. He left without giving any notice on the evening before Good Friday. Thus, just as the Easter holidays were beginning,. and his services would be in most requost, he put his employers to considerable' inconvenience.- . The Magistrate concluded: "I consider tho clai.ni a highly improper one." Judgment was given for defendants with costs. AN ENGINEER'S CLAIM.

Judgment was given by Mr. W. G. Riddell in the caso'Watt v. the Radium Gas Syndicate. Plaintiff sued the syndicate for £27 6s. 6d., balauco of wages said to bo duo under a contract to employ plaintiff as a gas engineer from Septomber 30 last to April 11, 1908, at £4 per week. Plaintiff stated that he was cngagod by Stowart, ono of tho members oi the syndicate, and received from him wages amounting to £8014s. 6d., leaving the balance sued for. The oyidenco for both plaintiff and defendants,' said his Worship, disclosed carelessness on the part of plaintiff as to his relationship with tho members of the syndicato; other than Stowart, carelessness and unbusinesslike m'othods on the part of all the members, and want of confidence botweon Stowart 'and tho other members. Plaintiff was engaged by. Stewart,' was paid by him, and looked to, him for . instructions. Ho never rendered an account for his wages at any time to tho syndicate, and according to the evidence of the defendants ho denied on moro than ono occasion that ho was under engagement,to them. Tho syndicate kept no . books, no records of meetings on matters connected with business, and all their transactions or conversations with plaintiff were loft to the recollection of individual members. The syndicate was formed on March 25, 190?, and. .its-objects, aooordirig

to a memorandum signed by tho parties on that dato, wero " to buy and sell machines and fittings for tho making of hydro-carbon gas, acquiring any patent rights in relation thereto, and to contribute equally in tho cost of dealings with tho machinc and fittings." The business was very small, and tho defendants, other than Stewart, said that thero was no necessity to, engage a gas engineer, and their finances did not warrant snch an engagement. This was ovidc'nt from tho stato of tho syndicate's banking account at tho end of September. _ The other members of ] the syndieato repudiated Stewart's authority to make advances for them. It seemed to his Worship that tho weight of tho evidenco showed that oven although tho syndicate was bound by tho arrangement made by Stewart, yet that arrangonient camo to an end as soon as' they notified plaintiff that ho was not employed by them, and must not look to them for payment. The resolution later "on under which the syndicate agreed to accept tho liabilities incurred by Stewart did not, in tho Magistrate's opinion, help tho plaintiff, for it was an arrangement botween tho members of the syndicate and Stewart, referring to an amount already paid by Stewart to plaintiff, and payablo only on the flotation of a company. It did not affect tho amount sued for, and did not prove against tho evidence of tho defendants that tlioy were liable for tho balance claimed. Thero was no doubt about Stewart's liability to™laintiif, but as against tho other defendants, the Magistrate was of opinion that the evitlenco fell short of proof, and plaintiff would bo non-suited, with costs £2 4s. Mr. Meredith appeared for plaintiff, and Mr. for defendant.