THE TRUCK ACT.

Timaru Herald, Volume XIIIC, Issue 14273, 12 August 1910, Page 3

THE TRUCK ACT.

HOLjLE station case, INFORMATION DISMISSED. At, the Magistrate's Court vesterdav moriiing Mr V. 0. Day, S.M., gave pidgment as follows -in" a case hoard tlio previous Thursday, Inspector of Factories (Mr Lightfoot) v. A. S. Elworthy (Mr Rollestoii). The information was ns follows: —'-That Arthur Elworthy of Holme Station, Tiinaru, being an employer within the meaning of the Wages Protection and Contractors' Liens Act, 1908 (part two, -truck') did lad to pay the cnttro amount of wages earned by one "William Palmer, a worker within the meaning of the Act. aioresaid, but did deduct from such wages certain monevs for certain goods supplied.''

ihe- lads, said His Worship, were admitted at the hearing. The defendant. is a.-station holder and farmed a large area, o! land. For the purposes of his business, he kept a blacksmith's shoo, and -employed a. hlacksniitli That occasionally the blacksmith did odd work as a. tavuiir for neighbours, pavment for which was made to the defendant. The deiendant. also for ihe purposes of his station, kept a store, from whirl; groceries, etc.. wore supplied to persons working on ih;» station. Vi'hilst the said V. ilham Palmer was workiim for the defendant, as a blaeksmoih. the defendant supplied him with groceries and deducted their value from his wages. Prior to the present information being lodged the defendant assumhr-' that he liad no right to deduct the vaiiio of the groceries lrom Palmer's wages, paid him a. sum of about £B. beiw the amount so deducted. Counsel Kir the defendant had submitted that as the blacksmith was employed for the purposes oi tne defendant's station and larm he was the person employed in agricultural or pastoral pursuits, and t'nerelore came within sub-section H of section 47 of the "Wages Protection and Contractors' Liens Act 1908. The question to lie decided is- Is a blacksmith employed ~„ :l station'or iann a person employed in agricultural or pastoral pursuits;' L, ]llv uninioii. ii a blacksmith is engaged on a station or iann solely for the. n-.iruo-es of the station or farm, lie is during tile time lie is so employed as much a "person engaged in agricultural or pastoral pursuns as any other worker engaged on the station or farm. Jn this case, howxhar the blacksmith occasionally ' "did work lor others, for which the defendant received payment. | ,;,, ,„„• think that m this- ca<e it deprives the defendant of the lieiielii of the or.empiion. as the nature ( ,f ijm hminess (lj - t ] u , .],,_ lendant must be 'akmi into ■'.-oiiMr His busines, was tlm; „f a'sl:ii/'eholder am! fanner. and „,,, t |.,.,j. ~f blacksmith. 'n lc information is di-i nursed.