The Truck Act.

Dunstan Times, Issue 1776, 19 June 1896, Page 2

The Truck Act.

The result of the civil action of Mr Fielder, of Manners street, Wellington, against an ex-employe of his, Patrick Barry ' (says the Mew Zealand Times), was a sur» prise to everybody and an eye-opener to merchants, it is, indeed, very strange law that a merchant is debarred from recovering for goods sold simply because the paity to whom they were sold happened to be in bis employ at the time of the transaction. The defendant in the case wrote from Gisbcrne applying for a situation. Mr Fielder immediately wired back and engaged him at the rate of 8s a day, with an increase of 9s if he suited. After working a week or two, he told Mr Fnlder that bis wife was coming to Wellington, and asked to te sup-, plied with household goods on the timepayment system. Mr Fielder acquiesced, the goods to the value of LI6 odd were supplied. The man expressed his willingness to pay for them at the rate of LI per week, Mr Fielder said that the sum was too large for a man to pay who was receiving L2 8s per week, and intimated that he would take only the odd Bs. The man paid LI as the first instalment, and for a few weeks paid the Bs. On one Saturday Mr Fielder took the man 'his wages, expeeting to receive the usual instalment, but the man refused to pay, saying that he knew a t>ick worth two of that. The man . remained away from his work for some days, but eventually returned, but still persisted in refusing to make any further payments. Mr Fielder then asked for a bailment over ihe goods, but the man refused to allow this and Mr Fielder set the law in motion. Mr Greenfield, S.M-, upheld the contention of Barry's solicitor that under section 7 of the Truck Act plaintiff could not recover, and judgment was given for defendant, with costs (21s). Mr Fielder asked if he could not recover in any other manner, and was informed to the contrary. Mr Fielder has since learnt that the man was not married, but got the furniture for his sister. The above article vi ill be of interest to many in this district, as the question of the Truck Act was raised at the last sitting of the Blacksjcourt, as reported in last week's issue. The Act was passed by the Ballance Ministry and is undoubtedly so sweeping that in some ways it puts a premium on dishonesty.