MAGISTRATE'S COURT

Otago Daily Times, Issue 16684, 3 May 1916, Page 7

MAGISTRATE'S COURT

Tuesday, Mat 2.

(Before Mr IL Y. Widdowson, S.M.)

Judgment was given for plain tilt', with costs, in the following undefended cases: — George T. M'Kenne v. Frederick Kosa (Longbush), £2 8s 9d, for goods (costs 17s); Stuart A. Moore v. Win. Smith, £1 Is, lor medical services (costs ss); G. T. K. M'Kenzie v. Peter M'Crorie (Clinton), £1 13s, for tea (costs ss); Guardian Assurance Company v. Henry Johnston, £24 for premiums due (costs £2 14s); D. Buchanan and Co. v. Dr E. K. Edie (Frankton), £19 2s Bd, for groceries (costs 33s 6d). Aubrey Elliott Wright v. F. W. Stockdalo* (Port Chalmers), claim £6 12s lOd, on a judgment summons. —in the absenoe of defendant he was ordered to pay the claim, with costs (10s 6d), forthwith, in default four days' imprisonment. Taieri and Peninsula Milk Supply Co. v. Herbert T. Hofland (South Dunedin), claim £3 7s, for goods supplied.—Mr AspinaH appeared for plaintiffs and Mr Callaxi for defendant.—Evidence was given and counsel addressed the court, after which his Worship said it appeared to him that the employees of tho company had not been clear over the matter He was not referring to the manager (who had given evidenoe). — Judgment would be given for defendant, with costs (275). Society of Carpenters and Joiners v.' Arthur Kirby (Soacliff), claim £6 Is 8d for contributions and levies. —Mr Calvert appeared for plaintiffs, and Mr W. L. Moore for defendant. —The evidence given by the secretary of the union (Mr Kellett) showed that the union was in part a trades union and in fact a benefit society, and was associated with the English Union. There were, it was pointod out, two sections, the trade section with a membership of 500 for Otago, and an ordinary, section, which included 32 members.—The argument centred upon tho point whether defendant was liable for the amount claimed under the ordinary section. It was admitted that he was liable under the trade section for contributions for 12 months, but it was claimed that he was not liable to be sued for contributions and levies under the ordinary section, for the reafion that this was the benefit section. The subscriptions were voluntary, and no action could be brought to recover them. As an alternative, Mr Mooro contended that if liable to be eued under the ordinary section, defendant was liable to be sued for only six months' levies, siiv-e the English rules provided that after 26 weeks of arrears a member was excluded from the benefits.— Mr Calvert contended on tho other hand that the whole of the contributions and levies were recoverable under the Arbitration Act, which provided that all subscriptions due by a member mght be recovered by a union. The English rules, he contended, upon which defendant relied, applied only so far as they were not repugnant to the New Zealand rules.—Defendant stated that he was under the Impression that he was not a member of the union, being six months in arrears. —The Magistrate said it appeared that defendant thought he had some sort of grievance. The rules did not seem to have been strictly carried "out. and if defendant wanted to reinstate himself ho should be allowed to do so ; He would adjourn the case so as to give Mr Kirby an opportunity of considering his position. The case was adjourned for a week.