MAGISTRATE’S COURT

Taranaki Daily News, 16 March 1928, Page 13

MAGISTRATE’S COURT

CLAIMS FOR WAGES MADE. Judgment by default was given by Mr. R. W. Tate, S.M., in the following undefended civil claims at New Flymouth yesterday: W. C. eWston v. Donald Morrison, £3 5s 6d (cos.ts, £1 3s (id) ; Bellringer Bros. V. L. J. Coad, £ll 4s lid (£2 14s); Claude Hoskin v. Thomas Donaldson, £3 10s (£1 3s fid); same v. Nellie Peek, £2 3s (£1 4s (id); Lily Ellis and Edgar F. Giddy, £9 10s *6d (£1 13s fid); Henry Collis v. Robert A. Johnston, £5 9s (£1 10s fid). Under part 3 of the Wages Protection and Contractors Liens Act, 1908, Roy Arthur Hodder and Francis George Bethel], carpenters, claimed from W. G. Grey and H. L. Martini payment for work on a house between December 15 and January 16. Hodder’s claim was for £ll 4s, being wages for two weeks and one day, and Bethell claimed £6 10s as wages for one week and one day. Mr. P. Grey, representing defendants, said a lien claim was a statutory charge on the land arising after a certain procedure laid down by the Statute had been fulfilled. This procedure consisted of filing a statement of claim and issuing a summons. The point he wished to raise was that the summons could not be issued until a plaintiff had filed a plaint note in accordance with section 65 of the Magistrate’s Court Act. If there were no plaint note there was no action and the lien failed. He contended there was no plaint note and that the proceedings were out of order. The court then adjourned for a few minutes to enable Mr. C. H. Croker, tor the plaintiffs, to look into the matter. On resuming, he said it would appear that the court had no jurisdiction to proceed without a plaint note. In view of the circumstances he would ask for a non-suit. The Magistrate agreed to this and fixed costs at £2 2s.