MAGISTRAT 23 COURT.

Dominion, Volume 1, Issue 305, 18 September 1908, Page 11

MAGISTRAT 23 COURT.

POLICE CASES. ' (Before Mr. W. G. Rirtdeli, S.M.) BRITISH FOOTDALLEPv IN,TROUBLE.. CHARGED WITH UNLAWFUL -ASSAULT.' The'tour |of tho Anglo-Welsh football team was .repallqd', by, the appcarance in Court : of Frcdorick Jackson, described as a mining enginedl'",-' qh'-, a' 1 , cjiarge of having' unlawfully assatlited;'W!n?ijp\vis. On iho application of Sub-lflsppctor ,;PHair, who stated" that Bon on warrant, and-,.that < prosecutor,: was not present in the Court, a repiand , until . this..mprning was ;grantedBail was alloived in a personal, deposit of £5. j It stated that the charge arose out of certain happenings between prosecutor and.a third party during tho voyage of the steamer Maitai from Sydney." Jackson'was -also .a ( passenger by the Maitai, and whilst passing the Post Office he met Lewis. Tho subsequent happenings resulted in Lewis oharging/Jackson with assault. ... Jackson wasa member of tho AngloWelsh, football team .which toured New Zealand recently, and was recalled to England I about tlie middle of tho tour. A SHIPPING CASE. • '' * DISCHARGE .OR TRANSFER. *.Ai case of "interest to. the shipping com- ] ' munity was one in which Captain J. A. Sutcliffe, .of tho steamer Tongariro, was charged, at/the instance of tho Superintendent of Mercantile Marine (1) with haying on August 30, at", Wellington, failed to sign .and givo a man a a discharge' as . required by tho provisions of the Shipping, and Seamen Act; and (2), with failing to- discharge _ the same men in: the": presence of' tho superintendent in the: manner providod by the Act-. iMr. Fell appeared for-tho Marine Department- and- Mr. ■ Johnston for defendant. Counsel'for the prosecution detailed the following, facts, which'wore admitted. On August". 30 the New Zealand Shipping Co.'s - steamer: "Rimutaka 1 ivas anchored in the stream,-and it was found that' one of. her- : crew.' ; -iwas':'*missing. ■ .To- meet .the emergency;l a!- man ''from the same company's, vessoj Tongariro was transferred to the Rimutaka, I 'but lie was not discharged legally and iri:■'•the:'presence 'of the Superintendent of Mercantile -Mo.rine. • A note in the log-book showed'.that tho- man was transferred to the Rimutaka by mutual consent. Owing to ' the • Customhouse being closed,. the man's-wages were''pa.id to him in the presence "certain witnesses.- Section 55 of the Shipping ■ * and Seariian Act, said counsel, st'ate'd-that'when a seaman is discharged-he shall be discharged in .the manner provided byi'ih"o f Act,, in .presence of the Superintendent'-! of 'Mercantile Marine! ' : The other infb'rma.tion was laid under Section 56, vbich provided that the seaman must have a proper discharge. • "MK ' Johnston!'stated that. ' Captain Sutcliffe was asked for., the man; and transferred him-from his'ship to other., one belonging - to the same company at the reqiiest of the' other captain.' There was, counsel' urgecj, >.no clischargo. The change was. a transfer pure and simple; If the Custom-' houSo had [ boon ; open,, however, tho . superintendent would haivp been approached,' • and, the transfer would have been noted beforo him. The day being Sunday, Captain Sutclifffl acted afe hp did, .and mado an entry in tho log-book to the effect that tho nian , had been transferred- This was carrying out . a . 'clause' of the agreement.. The' transfer was agreed to by mutual consent between the captain and the man'concerned.' Mr.' Johnston argued' that the question ,to be decided was as' to whether the agreement entered '.into, between the' crew and:the captain,'"and ap-' , proved by ,tho Board of Tr'ade, was a,'legal, agreement -/'or not. : ", Mr. Johnston urg(jd,''fui'-' ther,'' tiat 'it was. (loubtful if defendant, had any power to discharge a man. in N(iw Zea- ; land unions for an act of disobedience. ■ The. agreement, was to 'take' the man ba'ck,in 'tlie' ' ship to London, and this' the man could , have insisted on. Volunteers' were called for on;;the occasion under notice, and the, man in' question offered to go to the: Rimutaka. He' was, paid, the same wages on tho boat ho was .transferred to as on the one he was , leaving.': The agreement, it .was contended, had been performed by both parties to its legal-arid only end. One clause in the agreement ".between the captain arid the crew, tha,t_ the, crow or any member, thereof might be transferred at any port in New Zealand at any.time to any.other ship, of the same company, the rate and scale of pay being, the same. After hearing legal argument at some length,' his Worship reServed: his. decision. , , MISCELLANEOUS. .. Aiprohibition order, to have twelve months'curreucy- m xhe Wellington, Hutt, and Newdistricts, .was issued aßainst John o'Malley.:. • ■ - . Minnie Aldridge was-convicted and sentenced to one month's imprisonment on' a charge lof-J habitual drunkenness.: . Andrew Jacobs, ; charged with insobriety, was convictedl and. discharged' and ordered to' pay expense3;;'£l 18s. (3d!, in default seven days' , imprisonmnent. "A prohibition order, to'.haVV currency, in: the Wellington, Hutt, and Newtown. Licensing Districts, was ordered to issue , against,'the same accused. Two first offenders- w;ere- convicted,, and fined 55., in default 24 hours' imprisonment. ;i ! , . CIVIL BUSINESS. , . ' ' UNDEFENDED CASES. ■; (Before Dr. "A.' M'Arthur, S.M.) : tTud|iment for plaintiff was entered by de- '• fault of defendant in the following cases:—. 'James Thomas' Hall v, Alfred Garbes, lis. 6d., costs os.; M. E. Hogan v. William Collier Boulter, £32 lis. 6d., costs £2 145.; Mary Edith Logan, executrix of William Archibald; .Logan v. Sydney BetheJl, £5, costs £1 2s. Gd.; John Miller v. David Henry Tobin, £3, costs 10s.; Kirkcaldie and Stains, Ltd. v. George M'Gregor, £131 ss. 10d., costs;£6 10s. 6d.; Edwm William Holloway v., George R- Coulson, £2 Is., costs 10s. ; Wellington -Building Trades Labourers' Industrial -Union of .Workers' v. James Sharrock, lis., costs'ss.; John Duthio and Co., Ltd.. 'v. Ernest -J. August, £3 95., costs ss!j.-Ross and Glendining, Ltd! v. Amelia Carrick, £2.-IDs. fid., costs 10s.; Annie Yoro v; Dennis ;Yor.e,-£lO, costs Bs.; Doyle Bros, v..0. Taylor,' £2 45., costs 55.,; Rouse and Hurrell, Ltd.; v. Samuel Goode, £7 Bs. 6d., costs: £1 .Os.vfid. ;-sftme v. George Bradley, £3 4s. 16d., . costs'l2s.'-; H. P. Rawson v.' Alfred T. Burns, costs, only, Bs.; Wellington Loan Co:, ].Ltd. v.' Albert Gould, Joseph . William Hands, and Charles-Dixon Hawkins,, trading as Hands and Co., £62 16s. 7d., costs £3. 75.; Wollerman and Co. v. J. J. Connell, £25 lis. Gd., costs £2 165.; "New Zealand Times", Co., Ltd. v. B. J.Phillips,. £2 Bs. 6d., costs 10s.; C. M. Banks, Ltd.'v. Manson A. Currin,-£5 lis. 3d., costs £1-3s. 6t1.; same v. Walter E. Faulkner, £1 155., 3d., costs 55.; samo v. David M.' Watson,.'los. 6d., costs 55.; Edward Balcombe'■Brown and Edwin Harland Dean v. Harold Edward Ivey, £20 ss. 4d., costs £2 14s. ; Sparks Philp v. Ronald ICidson, £23 16s.> 9d., costs £2 145.; J. Rigg and Co. v. Mrs. Bertha Adams, £7 7s. 10d., costs £1 3s. Gd. :- • • . ... .. ; SUMMONSES.' Norman 'Phelps, who did not appear, was ordered to pay £3 os. Bd. to Thomas BaJlinger and Co. on, qr before October 1, in default thrcc'days' imprisonment. -In"the-case of Carr and Bell y. Georgo • Daybourno, a debt of £3 10s., debtor was ordered to pay on or before October, 1, in . default three days''imprisonment. No order was made in the case of tho Wellington Gas Company, Ltd.. v. Andrew Anderson, a debt 0f.£15 4s.