MAGISTERIAL.

Star (Christchurch), Issue 7297, 9 January 1902, Page 3

MAGISTERIAL.

CHBJSTCHUBCH. Thubsdat, Jan. 9. (Before Mr H. W. Bishop, S.M.) Claim fob Wages. — Mr Bishop gave judgment in the case Bowers v. Howard, claim £37 14s. The plaintiff sought to recover ■ £37 14s for wages due to him from May to October, 1901. The amount of wages claimed was admitted* ,but the defendant alleged that ho had settled the claim in full: By a sum of £6 for rent due to him, by payments of £18 0s 4d for groceries for plaintiff, and by cash payments in excess of th« credits aJlowed in the claim, by the plaintiff. Mr Bishop held that the £6 for rent was due, and that the plaintiff ordered and was supplied goods to the value of £18 0s 4d. The question waa whether those payments were within the Truck Act, and whether, therefore, the plaintiff was entitled to recover his wages in full. There was, on the one hand, the clear and precise provisions of the Statute, amd on the other a House of Lords' decision which appeared to considerably modify the view customarily taken of Section 6of the Act. If. the Magistrate were satisfied that the payments were made with the knowledge and con&ent of the plaintiff, and for his clear benefit, then, he must presume everything against him, and hold that the payments were made by his direction, thereby bringing •him within the principle laid down for that case. This being so, he iheld that the £18 0s 4d was properly deducted from the plaintiff's wages. As to the balance of £13 13s Bd, the defendant had not given proof of his 'cash payments. Judgment was accordingly given, for the plaintiff for £13 13s Bd, with costs. A Claim for Commission. — la the case Tonks, Norton and Co. v. M'Gallan, claim £36 10s, Mr Bishop gave judgment. The evidence showed that some property was placed in the hands of plaintiffs for sate for £1500, at 2£ per cent commission. The plaintiffs offered the property to a Mr Smith, of Dunedin, and in the course of business visited the property with him, though no sale was effected.. On S«pt 9 the defendant withdrew the property from plaintiff's hands and sold it to Mir Smith two. days later for £1460. On these facts and the case Green v. Bartktt, Mr Bishop held that the plaintiffs were entitled to their commission. Judgment was given for plaintiffs for the amount claimed, without costs Judgment Summons. — In the judgment summons case-J. W. M' Alpine and Co. (Mr Francis)'^, ijwhir Wild (Mr Johnston), claim :£lo'6s('6d, the judgment debtor was ordered to pay forthwith, in default fourteen days' imprisonment, the warrant to be suspended so long as the debtor pays 10s .a week. Default Cases. — In. the following cases the defendants did not appear, and judgment was given* for plaintiffs: — Langdon and Steele v. L. Blyth. claim £1} G - Sohmoll v. A. C. M'lntyre, £3 10s; Ctarist'oburch Cycling Club v. H. Gibbon, £1 Is ; Henry Berry and Co. v. G. H. Cox, £2 16s Id ; Robert E. M'Dougall v. K. R. Maodonald, £34 £ s 6d; same v. A. K. Wellwin. £6 16s 8d ; J. Butterfield v. W. Hodge, £9 11s; Johnston, Mills and Joyce v. F. A. Whitman, £2 19s 3d-; Alfred Tyree and Co. v. R. J. M'Cullough, £24 2-s 9d ; Johnston. Mills and Joyce v. A. W. Parish, 18s lOd ; G. Clayton v. Ernest Skelton, £2 Pis ; Christchurch Meat Company v. G. W. Clarke, £4 2s 3d ; came v. W. Corlett, £4 ss.