THE MAGISTRATE'S COURT.

New Zealand Herald, Volume XLIX, Issue 15097, 13 September 1912, Page 5

THE MAGISTRATE'S COURT.

INDUSTRIAL CASES HEARD. The attention of Mr. C. C. Kettle, S.M., at- tho Magistrate's Court yesterday, was occupied by tho hearing of a number of industrial cases. The Department of Labour was represented by Mr. E. ,W. "GohiLs. A breach of the Factories Act, inasmuch as he failed to pay a youth named E. Johannesson his wages ,at least fortnightly, formed tho subject of a charge against L. Tomlinson, a blacksmith by occupation. In connection with the case, it was stated that tho defendant had until recently carried on business in Edendale Road. Ho had sold out, and had received £20, tho youth Johannesson having wages amounting to £3 owing him. by the defendant, lb was explained by Tomlineon that the major portion of the £20 he had received in connection with

the sale of his business had gone to liquidate certain debts, and in consequence he had been unable to satisfy his liability in connection with the wages duo to his employee. The magistrate stated that the defendant would have to be convicted, the case Being adjourned for a week pending consideration of the amount of tho penalty. A breach of the_ Auckland Furniture Workers' Award, inasmuch as he employed an improver as a French polisher at 253 per week, in lieu> of Is an hour, formed the subject of a charge against G. B. Warman, a furniture manufacturer. In connection with the ■ case, it was stated that the improver had missed 16 weeks in the last year of his apprenticeship, and that this period had not been made up. Concerning the under payment of the employee, the defendant had offered to pay off the arrears by weekly instalments'. After some discussion the case was adjourned for a fortnight to enablo the improver to be present in person. E. McKeown and Sons, restaurantkeepers, admitted a breach of the award in paying a young woman 10s per week as mid-dav pantrymnid, instead of the award rates. The defendants, on whoso "behalf it was stated that the error had been rectified when they had ascertained the position, wore fined" £2. Failure to keep a time-table in his "hotel, as required by the Auckland Hotel Workers' Award, formed the subject of a charge against W. 'H. Gaw, the licensee of the Rising Sun hotel. The defendant, who pleaded that the omission had been an oversight on his part, was fined £2. A. E. Dumper was charged under the Auckland Dairy Employees' Award with failing to join the union when called upon. As he had since complied with the law, a formal conviction was entered against him.

A BUILDER'S CLAIM. An action -was brought by J. \Y. Brooks, a builder, represented by Mr! Richmond, against J. Harold Evans, for whom Mr. Endean appeared, claiming the sum of > £69 Os lOd. It was stated for the plaintiff that about December, 1907, ho contracted with the defendant to build a house, at Stanley Bay, but that-about March, 1908, ho entered into an agreement with him whereby he was released from tho contract. The defendant- undertook, it was claimed, to pay a nd discharge all debts and liabilities incurred by tho plaintiff in connection with the contract, and to hold him free of liability. It was contended that tho defendant did not discharge the liabilities incurred bv tho plaintiff, and that the latter had been recently obliged to pay an account, amounting to £25, which tho defendant had agreed to pay. The balance of tho claim, amounting to £44 0s 10(1, represented tho value of certain articles which, it was submitted, were left upon tho premises upon the release of the contract, and converted by tho defendant to his own use. After evidence had been given at length by the plaintiff, tho case was adjourned until to-day. JUDGMENT SUMMONS CASES. Orders wero made for payment in tho following judgment summons cases, with alternatives of imprisonment, each order to bo suspended for a specified period: — C. E. Hemus v. Tom Scurrali (Otahuhu) £2 10s 4d; C. Dahl and Co., Ltd., v. .J.' B. Zortea (Matamata), £35 14s 6d; T. H Hall and Co. v. P. Brady (Onehimga). £45 9s 4d: Robert F. Reid v. E. Frizelle (MountEden), £5 2s 6d ; Charles F. Schraft v. F. Eraser (Grey Lynn). £2 18s 9d ; A. J. Parker and Co. v. Joseph Henninir (taxicab stand). £2 7s 6d.