AN INTERESTS CASE.

Thames Advertiser, Volume XXVI, Issue 7959, 30 October 1894, Page 3

AN INTERESTS CASE.

A CONTRACTOR'S TROUBLES

A cash of considerable interest both to settlors and working men in tho country was decided recently by Mr Hutchison, S.M. for the Wairarapa. The contractor for felling a block of bush belonging to Mr Tringham, of Wellington, failed to be ablo to pay his men. Tho men then came on Mr Trimrham for the amount due. He, however, set oil' against their claim meat supplied to the contractor to the value of :G42. The court upheld the validity of the set-olf. Mr Arthur ibinnj', who appeared for the plaintiffs, showed that section i of the Workmen's Wages Act, 1893, gives the workmen a paramount charge on all moneys becoming due to the contractors, and that such right could not be taken away by any contract or any action of either tho employer or contractors. Mr Tringham, jun, for tho defendant argued that such was the case only in tho event of workmen giving notice to tho employer not to pay over mouoys to the contractor, and that, until such notice was given, the employer was at liberty to settle with tho contractors for work doue, even though he had indirect notico that wages were unpaid. It was further argued for the plaintiffs that under section 6 of tho Truck Act, 1891, the employer has no right to set-off claims for goods supplied to the contractors and that all moneys due to the contractors must be paid in full. To this it was answered successfully on behalf of tho fondant that the Act did not p i y to felling sontirc'Dgsonti rc ' Dg iion 2 rf and that the employer had a perfect right to supply outfit and means of support, and that on a settlement of accounts the sum due for such supplies could legitimately be deducted from the total amount duo.