MAGISTRATE’S COURT.

Star (Christchurch), Issue 17080, 29 June 1923, Page 8

MAGISTRATE’S COURT.

TO-DAY’S CASES. CHRISTCHURCH. (Before AJr Wyvern AVilson, SAI.) DRU X'KEN X ESS. A first offender was fined ss, in default twenty-four hours’ imprisonment. POSTAL OFFICER CHARGED, j Alartin Matthew Holland, aged ! twenty-two, a postal officer at Dar- | field, was charged with the theit of ! postal package, the property of the Postmaster-General. Chief Detective A. G. Cameron said that over a long period 7GO postal packages were missing from Darfield. He proposed to go on with a dozen charges, if it was found that that number could cover the variety of the alleged offences. The accused was remanded to appear cn Wednesday next, and bail of £309, with three securities of £IOO. was granted. ALL KG ED CON SPII tAC V. Clifford Aiontgomery, aged twentyeight, was charged with having conspired with two others, Brosnahan and Howat, io defraud AValter Aitken oi Chief Detective Cameron said that Brosnahan and Howat had been committed for trial during the week, and Aiontgomery was 'the man referred to as Al’Tavish in that hearing. The accused was remanded to appear on Wednesday next, and bail of £IOO. with two sureties of £SO each, was granted. RESERVED JUDGAIENT. The Magistrate gave his decision in the case in which the Inspector or Awards sought to recover a penalty from Fuller Theatres. Ltd., for an alleged breach of the Christchurch Performing Musicians’ Award. Fox, a musician, was employed at the Opera House. There was no performance on Christmas -Day, but on the remaining clays of the week Fox performed at two matinees and five other performances. Ho was paid £3 Us which was for six performances at 10s each, with 11s for the extra matinee. The- inspector contended that, in the absence of any special contract, the employment must be deemed to be a weekly engagement at a weekly wage with the proviso that the performer should recover extra pay for the second matinee. The defendant submitted that as long as he paid the prescribed rate for each performance he committed no breach. Judgment was given for the inspector, a. penalty of £1 being fixed. Tt was only intended to be a nominal one, as the caso was brought more as a test case than to l stop a deliberate broach of the award. The Alagistrate held that the engagement was a weekly one. and, when the employer closed his theatre- on a. holiday, the employee was entitled to his weekly wage. AA'. \ NDERIX G CA TTLE. O. F. Sutton was fined 10s and Lawrence Taylor 20s, for allowing cattle to wander.