MAGISTRATE'S COURT

Otago Daily Times, Issue 17323, 24 May 1918, Page 7

MAGISTRATE'S COURT

Thursday, Mat 23. (Before Mr J. R. Bartholomew, S.M.) Judgment for plaintiffs, by default, was gyven in the following cases:—A. and J Maciarlane v. H. ii. M'Namara (Cromwell)', claim £3 15s 6d, on an account 6tated (costs IDs); same v. William Larson, jun. (Alexandra), claim £12 3s 7d, on account stated 103 \ P J -g- v. John Beale (Mosgiel), claim £5 7s lid, on account stated (costs £1 5s 6d). A Judgment Summons Case.—John Wilkinson applied for an order against John lngistrom for the payment of £14 lis.— Defendant did not appear, and the magistrate made the order accordingly, the amount to be paid by instalments of £3 per month, with costs (16s), in default 14 days imprisonment. A Test Case.—John Simmons (Mr A S Adams) proceeded against Alfred Henry bnelton, secretary of the Ivanhoe Lodge of the United Ancient Order of Druids (Mr lonkinson), on a claim for £1 per sick pay from January 8 to April facte wefc admitted by the partes, Mr Adams stating that the point in dispute was whether a soldier could claim benehts from a friendly society before he was discharged from the forces. The plaintitt was claiming sick pay from the time ot his return to New Zealand, and the question was of considerable importance TWw V° ldlC 7 S to friendly societies. Under the rules of the society financial members were entitled to the benefit of . . P° r for six months when, through sickness, they were not able to follow any 1 employment, and at the expiration of six months they received 10s per week.. The fC™ T bein * in tho was Srinr £ to cla m f or the period prior to his discharge. A member could not succeed in gett.ng sick pay without a medical certificate, and therefore this leitificate became the determining factor \n attempt was being made now to apply a different rule to soldiers. l n other words an attompt was being made to exclude soldiers Irom the benefits of the lcxW Ihis man through wounds and sic-knpV was unable to follow his occupation, and therefore clearly came under ruic IPS „f tho lodge rules. He had not been able to continue as a soldier, and had berni sent , to i , Ncw Zealand.—Mr Tonkinson eunxnittod that the plaintiff was not entitled to sick pay until he had been discharged from the forces, and the lodge had (riven special instructions to this effect. He claimed that during the time plaintiff was undergoing treatment he was carrying out his duties as a soldier, as the relatio7iship between the military authorities and him was ne that between master and man. In addition, he was in receipt of pay.' and there was the continuous relationship up ante of lus discharge.—Defendant certified to a resolution of the committee of tho lodge which dealt with tho matter and which was an instruction to him to obtain a member's dischargo from tho forces before placing him on the benefit list.—Mr Adams pointed out that this was a new rule, and that it was, in his opinion, ultra vires.—Tho Magistrate said that n.s there was a good deal of interest in this judgment timo his numW °f porsons t<) t he square mile m New Zealand in 1916 was 10 6*4 TROOPSHIPS LEAVINU Relatives and friends when making up parcels for the boys should always include Fluenzol, which is so much apprefcinied hi the Tiooja.