MAGISTRATE'S COURT.

Dominion, Volume 2, Issue 461, 20 March 1909, Page 14

MAGISTRATE'S COURT.

POLICE OASES, (Before Mr. W. G.Biddell, S.M.), A number of persona were yesterday before the Magistrate's Court on charges of insobriety. On© female and three male first offenders were convicted and discharged, and another mata first offender was convicted and fined 55., in default 24 hours' imprisonment. Wm. Egan and Samuel Telfer, who had been previously convicted, were each fined 10s.,'in default v 4B hours' imprisonment. Alfred Hawthorne was charged with entering licensed premises; to wit,' the Foresters' Arms Ho.tel, during the currency of a prohibition order. He pleaded guilty, and was convicted. and fined 40s. and.oosts 175., in default seven days' imprisonment. Seven days were allowed in which to pay the fine. ' ASSAULT ON A CHINAMAN. A young man named Bernard Sullivan pleaded guilty to a charge of assaulting a Chinaman named Ah Tom. ■ ■ . The facts, as stated by Sub-Inspector Phair, were that on March 5 accused was going down Hammg Street with thrco other young men, and, as he passed Ah Tom, who was sitting on the doorstep of his house, No. 37 he threw a stone at him. > The stone hit Ah Tom on'tho cheek, and exit it, rendering medical, attention necessary. • . Mr. P. Jackson, who appeared for the nconsed, said that tho offence was while ; SuUivan was under the influence 'of liquor. -Accused'did not bear any ill-feeling to the Chinaman, and was very sorry.,for' what he had done. .' ' . , A conviction and fine of 205., doctor s .expenses 7s. 6d., interpreter's and witnesses expenses 225. 6d. r were imposed,' in defaultBoven days' imprisonment. V maintenance.cases.

A charge of wife desortion was brought against Wm. Edward Francis Gerard.. Defendant consented to an..order to;contnbute 15s. a week towards his wife's" maintenance, and to pay the sum of £0 into Court. . Daniel Wheeler, charged with failing to maintain his wife, was convicted _and sentenced to 21 days' imprisonment, the warrant ' to be suspended so long as defendant pays 10s. a week off arrears/ . 7 ALLEGED IMPROPER LANGUAGE. A plea of not guilty was entered by Wm. Stevens to a charge of, using obscene ianguage on March 13. On behalf of accused, Mr. P. Jaokson asked for a remand until March 23. His Worship granted the remand and ordered accused to pay tho expenses of three witnesses at 45.; each'. .... •ALLEGED WHISKY STILL. 'A charge of unlawfully making whisky was preferred against Maurice, John Collins-who, with Thos. Matthews, was arrested on Thura-. day at 41 Adelaide Road. The charge, against Matthews was that he was in' a house, to .wit) 41 Adelaide Road, where illicit ' distillation was then carried on. Tho two men, .-.who elected to" be dealt with , summarily and pleaded not guilty, were represented by Mr. Cook. Mr. Cook asked for an adjournment ■ until March 22, which was granted. . Mr. Bell, oh behalf of the police, asked that sub-'-etantial-bail be fixed, as the charges were ' of a serious nature. His Worship fixed bail, each defendant in £100 and two sureties of £50 each. 1 •''-'' ■ OTHER CASES. '■ 'All adjournment v was granted until; March 22 in the case in which Beatrice Scarfe was Charged" with assaulting Wml Stevehg. On the application of Thos. D. Johnson a prohibition order was issued against Alfred Johnson, the order to hold good for one year in the licensing districts of Wellington, Wellington. (Suburbs,-and Hutt.;: ■' MaryjJane Hill/ I ,who was brought forward on remand on a charge of being an idle and disorderly person, was convicted and ordered to come up for sentence when called upon, on condition that - she went into .the Salvation Army Homo for six months. REGISTRATION OF DOGS.. Dogs who wear no .collars because their owners fail to get their canine friends registered were' responsible for a^nuhiber.of persons appearing at the' Magistrate's Court yesterday. Mr. J. Doyle appeared on behalf of the City Council. , In the oases against Albert Crook and Joseph Ingle convictions and fines,of ss. and costs 75., with the alternative of 48 'hours' ■ imprisonment, were imposed. ; ■ .. - In the following cases, where the owners had registered the dogs after summonses had been issued, costs only of 75., in default 24 hours' imprisonment, was the penalty:— Frank Pookson, E. J. Easson, Samuel-Free, JosepH 'Jarvis, Wm. Kohry, George Pudney,. and James Parker. - .BY-LAW CASES. Walter Baldwin, who pleaded guilty to a breach of the city by-laws in that on. March 13 he drove a vehicle' round • the corner .of Willis Street and Lambton Quay at other than a, walking paco, was convicted and fined 10s. and 7s. costs, with the alternative of 48 hours' imprisonment. CIVIL BUSINESS. (Before Dr. M'Arthur, S.M.) HOURS OF SEAMEN. Reserved judgment was delivered by Dr. M'Arthur in the case of the Wellington .section of tho Australasian Federated Seamen's Industrial Union of Workers v. the Union' . Steam Ship Company of New Zealand, Limited. The plaintiffs claimed to-recover from defendants the sum of £10 as a penalty for a breach of the Arbitration Court award. The particulars of the breach were that William Lindquist, able seaman, was employed as a "day man" on the steamship Maori, and was required to' work nine hours per day on six working days of the week, and also to do ccrtahv work.on Sundays.. The company refused to pay overtime for-,the excess of eight hours worked on the six days,, and also for the time worked on Sundays. It was admitted by the company that the man was employed from 6 a.m. to 7 a.m. before the ship's arrival in pert, and that he was employed while in port for tho hours of labour for seamen in port—from 7 a.m. to 5 p.m., with two hours for meals. He thus worked nino hours on week days and two hours on Sundays. The company relied on clauses 6 and S. Clause 6, under tho heading of "Hours , of laTiour at sea—Deck hands," provides "watch and watch of four hours each or by day work as circumstances require." Clause 8 provides that "between tho hours'of 6 a.m. and 5 p.m., on .coastal steamers, seamen on watch shall perform any work required of them, aiiy work performed bv them outside these hours shall be paid for as overtime; with tho following exceptions—namely: (a) Work necessary 'for tho navigation-or safety of the ship, (b) Clearing • decks, stowing oarir.o, gear, etc., for half anhour aftor leaving port, (c) Any work necessary for the convenienco of passengers. The company contended that no overtime was paid while tho ship was at sea between the hours of 6 a.m. and 5 p.m., and as the Maori was at sea, or rather not moored till 7 a.m.-, that day men whose timo was not fixed by the award came under the rule of hours from 6 a.m. to 5 p.m. For the seamen it was argued that a day man, whether at sea or not, should bo engaged from 7 a.m. to 5 p.m., and any time employed beyond these hours should be reckoned as overtime. Mr. Young, who appeared for tho Seamen's Union, contended that clause 6 did not apply to a day man, as ho was not a 'seaman on watch. Tho same contention was applied to' clause 8. Mr. Young further contended that if a day mail's labour were not confined to between 7 a.m. and 5 p.m. there was nothing in the award to limit his hours, therefore tho shipowner might compel a day man to work as many hours as ho (the shipowner) thought "In my opinion," stated his Worship, "a seaman on deck'is on watch, and as a day man is admitted to be a seaman on deck, he must, therefore, bo on watch. Surely, again, deck hands includo day men. Every deck band may not be a day man, but every day

man, as I understand the position, is a deck hand. ■ If this opinion bo correct then the •day men come under both clause 6 and clause 8." His Worship considered that day men could not be asked to work beyond 6 a.m. and 6 p.m.,. without it being reckonod as overtime,- and consequently there was no fear of their'being worked as indicated by Mr. Young. ' Judgment was for the defendant company. . A QUESTION OF CONTRACT. ' . Henry Lambert, agent, and — Ahearn, accountant, of Wellington, claimed £45 from James C.. M'Kerrow for breach of contract. Mr. Levvey, who appeared for plaintiffs, stated that on December 7, 1908, defendant made an agreement with plain tiff Lambert to sell 'to him all the' timber and iron on and around the site of a five-roomed cottage at Homebush, for the prico of £6. On the completion of the agreement, plaintiffs had entered into contracts for tho carting of the timber and iron, and for erecting a dwelling at Khandallah. In those contracts they had incurred expenses amounting to, £15 10s. Now, the defeiidant refused to.hand over the timber and iron, claiming that .the agreement was not made to sell.tne particular timber and iron whic' the .plaintiffs claimed. As general damans plaintiffs claimed £29 10s.; as specific damages £15.105., and also the return of £6 paid'to the defendant. Mr. 0. Beero appeared for the'defendant.. For the defence it was urged that'the contract was void, as ;it. was made on; asubject that did not exist. .At .the timo that' Mr. M'Kerrow entered into the agreement to sell the material, it did not belong to him. The caso was adjourned until: March 23.' REPAIRS TO A'.HOTEL.:. . 'Hearing was resumed in the adjourned case Nicbl v. Moynihan, in which'plaintiff, .'storey keeper and proprietor of the PahautaMii Hotel, claimed £75 12s. 9d. froth the licensee, Michael Moynihan/ for .alterations 'arid. repairs effected tp'the hotel.- Mr. Toogood appeared for Nicol, and Mr. M'Grath:for,Moynihan: ■ In outlining' the 'case, for the defence, Mr. M'Grath sai'd'that .'h'is'"'clietit', adnlittea lia'bilityfor any reasonable'• repair s that might •bo'- made' by 'order of the 'Licensing 'Bench. The. questions for settlement were': (I)'-What repairs, were ordered by'the Licensing Committee ? and (2) had those. repairs.'been carried out' at a reasonable oost?. 'Ho contended that-the'repairs ; effected were moro than necessary to"comply with the requirements Of ■ the -Licensing; Committee, and further they had 'npt .bcen -made at- a. reasonablo cost'. ,-■■ ' After ■ hbanng .evidence, his Worship intimated r 4Bift>lfe'Woft]d' , ''rM«nro'his decision