SEARCH FOE AN OVERDUE VESSEL.

Otago Daily Times, Issue 11398, 15 April 1899, Page 5

SEARCH FOE AN OVERDUE VESSEL.

(Per United Press Association.)

AUCKLAND, April 14.

The Tutanekai coaled on arrival, and leaves at midnight to search for the missing schooner Marmion, from Napier to Tairua, now long overdue.

SUNDAY LAJ3OUK IN MIKES.

(Per United Press Association.)

AUCKLAND, April 14.

The first action for a contravention of " The Sunday Labour in Mines Act, 1897," v.'as brought in the Magistrate's Court, Paeroa, when Thomas Gilmour, manager of the "Wailu mine, was charged under subsection 5 with having employed labour in the Waihi Company's battery on the evening of Sunday, March 26. Mr Clendon -appeared for plaintiff. Mr Miller, who appeared for defendant, did not dispute that the battery had started work before midnight on the day named, but h» contended that these proceedings had been taken. against the wrong person. Mr Clendon said the act referred to made the mine manager liable whether he knew the battery was working or not. The Mining Act of 1891 -gave the definition of "mine manager" as being the person having the principal control of the working of any mine, and Mr Gilmour occupied that position in regard to the Waihi Company, and was therefore liable. Mr Miller, in replr, contended that the definition of " mine manager" ,in the act of 1891 has been altered by the amending--act of 1894, which states explicitly that where the cyanide 2jrocess is used the person in charge of the machinery must, hold a battery superintendent's certificate, and that the battery superintendent takes the ulace of the mine manager in regard to the battery. Mr Gilmour then gave evidence. He held an appointment as mine manager of the company, but had no control whatever over the battery, neither- did he give any orders in respect to it. He had never employed any labour in the battery, that being the duty of the battery superintendent. His Worship said lie would look into the point raised by Mr Miller, as it was a very im-' portant one, and ho would give judgment later on.