Journal of Commerce and Labour

UNDER the provisions of the above Act, any "worker" in New Zealand may apply for a dwelling, either one of the workers' dwellings already erected, if available, or one to be erected.

A "WORKER" means any person, male or female, whose earnings at the time of application do not exceed £175 per annum and who is landless.

PLANS and SPECIFICATIONS may be seen at the following offices of the Department. Application forms and a pamphlet containing notes for the guidance of applicants may also be procured from any of these agencies:

Every application for the purchase of a worker's dwelling shall

be accompanied by a deposit of £10.

All communications should be addressed to

"THE SUPERINTENDENT OF WORKERS' DWELLINGS, DEPARTMENT OF LABOUR, WELLINGTON ";

out inquiries may be made from any of the above offices of the Department

JOURNAL

OF THE

DEPARTMENT OF LABOUR.

No. 263.]

WELLINGTON, JANUARY, 1915. [VOL. XXIII.

RECENT LEGAL DECISIONS.

Auckland.-(Shops and Offices Act): Before Mr. F. V. Fraser, S.M. For selling cigarettes after the hour fixed by gazetted requisition for the closing of tobacconists' shops, Robert Holcroft, stationer and tobacconist, was fined £2, with 7s. Court costs.

Thames. (Scaffolding Inspection Act): Before Mr. F. J. Burgess, S.M. For failing to notify the Inspector of his intention to erect scaffolding exceeding 16 ft. in height, W. M. Henderson was fined 10s., with £1 10s. Inspector's costs, and 7s. Court costs.

Hamilton. (Shops and Offices Act): Before Mr. E. Rawson, S.M. For failing to close shop on the statutory half-holiday, Gee Bros., grocers, were fined 10s., with 7s. Court costs.

Wellington.-(Factories Act): Before Mr. D. G. A. Cooper, S.M. W. Crabtree and Sons, engineers, were fined 10s., with 7s. Court costs, on each of two charges of employing a boy under sixteen years of age (1) on the statutory half-holiday, and (2) without a certificate of fitness from the Inspector.

(Shops and Offices Act): Before Mr. D. G. A. Cooper, S.M.: For selling cigarettes after the hour fixed by gazetted requisition for the closing of tobacconists' shops, Sing On Tie Bros., fruiterers and tobacconists, were fined £2, with 7s. Court costs. For failing to close his shop on the statutory half-holiday, A. S. Duncan, confectioner (who also sold tobacco), was fined £2, with 7s. Court

costs.

Christchurch. (Shops and Offices Act): Before Mr. T. A. B. Bailey, S.M. For failing to close shops on the statutory halfholiday, Alfred Buxton, coal-dealer, and Henry Gamble, butcher, were each fined £1, with 7s. Court costs. Defendants had delivered goods to customers after the prescribed hour for closing. For failing to close shop in accordance with a gazetted requisition from 1-Labour.

the shopkeepers in his trade fixing the closing-hours, J. Higgs, butcher, was also fined £1, with 7s. Court costs. Like the abovementioned defendants, Higgs had delivered goods to customers after the prescribed closing-hour.

Oamaru. (Factories Act): Before Mr. J. R. Bartholomew, S.M. The Taieri and Peninsula Milk-supply Company was fined 5s., with 7s. Court costs, for employing in its butter-factory a boy under sixteen years of age without a certificate of fitness from the Inspector.

Dunedin. (Shops and Offices Act): Before Mr. J. R. Bartholomew, S.M. For employing an assistant after 1 p.m. on the statutory half-holiday, R. Conn, chemist, was fined 10s., with 9s. Court costs. He was convicted and ordered to pay 7s. Court costs for failing to close his shop on the statutory half-holiday.

CASES UNDER THE WORKERS' COMPENSATION ACT.

WELLINGTON INDUSTRIAL DISTRICT.

PUBLIC TRUSTEE v. RUSSELL AND BIGNELL.

In the Court of Arbitration of New Zealand, Wellington Industrial District.-Between the Public Trustee as administrator of the estate of William Brand (deceased), plaintiff, and Russell and Bignell (Limited), defendants.--Hearing, Wanganui, 20th November, 1914; judgment, 25th November, 1914.-Mr. Collins for the plaintiff; Mr. Hutton for the defendant.

For the purpose of arriving at the average weekly earnings of a worker the question as to whether the worker is a casual worker or not is to be decided according to the circumstances of each particular case.

Subsection (1) of section 6 of the Act is applicable to cases of casual employment, except in the case of those workers who are specially provided for by section 7, or unless it is impracticable at the date of the accident to compute the rate of remuneration of the worker in accordance with subsection (1) of section 6, in which case subsection (2) is to be applied.

JUDGMENT OF THE COURT, DELIVERED BY STRINGER, J. THIS is an action to recover compensation for the death of William Brand, who died as the result of an accident arising out of and in the course of his employment by the defendant builder's labourer, and the only question between the parties is as to the basis upon which the compensation should be assessed.

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Journal of Commerce and Labour, المجلد 23