THE COURTS—TO-DAY

Evening Star, Issue 16460, 26 June 1917, Page 4

THE COURTS—TO-DAY

MAGISTRATE’S COURT. (Before H. A. Young, Esq., S.M.) default was given for plainfo*lowing cases:-Queensland Insurance Company v. George Small (of LumsNew’ /irTe due ,~* Os 4d and coste (i(Sf; New Zealand Consolidated Dental Comnanv Ltd. v. James Galbraith Wade (of Otautau)' ft A^f S 3d co - sts ( 10 «): H. L. Glover £2ns^ o co , s tf(i f o s S ). lona Bervices rendored ■p L- Tu-r Br °) VC 4 of Factories) v. F. Barlm (restaurant propietor).—Claim, s , P e “ alt y_, f ? r breach of the DunediA and Suburban Private Hotel, Restaurant. Oyster Saloon, Fish Shop, and Tea and Lum C *lZA°r kers awai ‘d: the breach alleged being that on or about February 12 whh e m.f a?6d n, on | 7 i - olet Jan ’ io « waitress without m the first instance making applioation to the secretary of the union. Mr J. S. Sinclair appeared for defendant, and asked a qqusuit- - Mr Barling, individually, had nothing to do with.the company. He was the largest shareholder, and some time r g ?-,-r e buslness was floated into a limited liability company. The department must proceed against the company that owned the business, controlled the labor, and employed •ijlr "rowett said the company were not cited as party to the award, and'he would have to get further advice.—Plaintiff was nonsuited, but no costs were allowed defenaanc. - -

. L - P‘ Browetfc v, Charles Samson.—The inspector proceeded against defendant on an allegation that on Easter Saturday and Easter Monday ho employed J. Gilmour in or about his butcher’s shop, contrary to the provisions of the. award. The employee was also proceeded against. Mr Irwin appeared for defendants, and the facts were admitted. —•lnspector Browett said that, in justice to Mr Samson, he must say that under the old award defendant would have been justified > in doing what he did—employing his man for an hour on the second of two holidays following each other. Mr Samson had been quite open in the matter.'—Mr Irwin said that a bona fide mistake had been made, defendant Samson and his man both thinking they were within their rights. The disorganised train service had something to do with the necessity defendant was under of employing this labor. The hotelkeepers < whom Mr Samson supplied could not give their orders, because they did not know what people would be coming into town, and it • ' they could not have got their supplies for a little while on tho Saturday and Monday they would have been without meat.—The Magistrate gave judgment for 10s in each of the cases against Samson, and for 5s in each of the oases against Gilmour. R. B. Denniston and Co. (Mr Moore) v. Wm. Gvryn, Ltd. (Mr Dawson).—Claim, £59 16s 3d, goods sold and delivered.—This was a case in which tho business run by Wm. Gwyn was incorporated into a company— Wm. Gwyn, Ltd.—and the question involved was whether Gwyn or the company was liable for the amount claimed. —It was admitted by plaintiff, that all the goods, with the exception of £3 Is 3d worth, were supplied to Wra. Gwyn prior to the incorporation of the company.—The defence was that there had been no novation of the contract after the company were incorporated;; that if there had been such novation the state-, ment of claim was not in order; and that there had been no proof of the .incorporation ’ of the company. —Judgment, with costs, was given to plaintiffs for the sum of £8 Is 3d (liability incurred after incorporation), and plaintiffs were nonsuited on the claim for the balance. \ CITY POLICE COURT. (Before H. A. Young, Esq., S.M.) Sent to a Home.—Annie Fraser, who wat charged last week with being a roguo and s vagabond, and remanded for medical examination and inquiry, was before the Court for sentence.—The Sub-inspeolor submitted the doctor's report, and stated that Mr Gumming, after careful inquiry, agreed with the police suggestion that tho girl ho committed to a homo.—Mr Cutaming verified tho statement. He was satisfied, he said, that that course would be tho most beneficial to the girl herself and to all concerned.—The Magistrate mentioned that the medical certificate produced gave tho girl a. clean bill of health. Ho thought it advisable that she should ha sent to an industrial school. Being over 16 years of ago, however, she could notr he directly committed there, but there was a provision whereby persons between the ages of 16 and 19,’ being sentenced to imprisonment, could ba transferred by the Governor to a school. This present case woe one in which advantage might he taken of tho provision. The girl would be sentenced to one month’s imprisonment In Addington Gaol, with a recommendation to tho Governor that ohe ho transferred to the Industrial - School. No doubt, added His Worship, this recommendation would be'carried out. Remanded.—Andrew Galbraith Scott was charged with obtaining from Margaret Parser by means of false pretences board to the f value of £lß,—The Chief Detective said that , the men had been drinking heavily of late, v and was scarcely in a condition to plead..;.. He would therefore ask for a remand for a ■ few days.—Remanded accordingly for one , wvek.