HOUSING OF SHEARERS.

Gisborne Times, Volume XXIX, Issue 3126, 24 January 1911, Page 2

HOUSING OF SHEARERS.

CHARGE AGAINST A SHEEPFARMER. INSUFFICIENT ACCOMMODATION ALLEGED. IMPORTANT TECHNICAL POINT. A matter bearing on the provision of sufficient accommodation for shearers as required by the Shearers’ and Agricultural Laborers’ Act 1908, occupied the attention of Air AY. A. Barton, S.M., at the Magistrate’s Court yesterday afternoon. Frederick J. Lysnar, slieepfarmer of Parikanapa, was charged on the information of AY. H. Westbrooke, Inspector of Awards, with being an employer within the meaning of the Shearers’ and Agricultural Laborers’ Accommodation Act, 190 S, and having been served with a notice under such Act, to provide adequate accommodation for shearers and others in or about his shearing shed, he neglected to comply with the terms of such notice.

Mr "Westbrooke prosecuted, and Air Barnard appeared for defendant. Air Westbrooke said that the charge was laid under section 3 sub-section six of the Act. In February last he visited the defendant’s station unexpectedly, and, lie alleged, found no accommodation for shearers, and on March 15th lie sent a legal notice to defendant requiring him to provide the necessary accommodation. The letter was registered. The ALagistrate to Air Barnard : Do you admit the notice. Air Barnard: Defendant did not receive any notice

Continuing, Air Westbrooke said he wrote a further letter on September 21st asking defendant if he had complied with the notice, and his reasons if he had not done so. He received no reply.

On being sworn. Air AA'ostbrooke said that lie visited the defendant’s homestead in February , 1910, and found no accommodation for shearers at the woolshed. From' inquiries he mude, he- found the men brought their own tents to sleep in. Shearing was not in progress then. On Alarch loth, he sent a legal notice to defendant, a copy of which was produced. He sent the notice by registered letter. The Alagistrate : The Act provides that such notice shall be served not later than the first of June, and it must be either on the employer personally or by leaving rt at bis usual or last known place of residence. You d'id not do that ? Air AYcstbrooke: I understood that sending the notice by registered letter complied with the Act. The Alagistrate: Yes, very well. AViness produced the- receipt, for the registered letter. On September 21st lie wrote to defendant informing him he had visited bis station and found no accommodation for shearers. He also informed 1 him that on Alarch 23rd a notice was sent him by registered letter, calling upon him to provide accommodation in accordance with the Shearers’ and Agricultural Laborers’ Accommodation Act. He asked defendant if be had compliod_with the notice, and if lie had any reason for not doing so. VYit—ness produced a copy of the letter. He received no reply to that letter. On November ISth, be again visited the station, and found , in the woolshed blankets and bedding, whore several people had been sleeping. The Alagistrate: You can’t say they were shearers. They may have been swaggers for all you know. AAitness: That is true.

Continuing, witness said that in the loft he found that certain people had been sleeping. He visited the place that had been doing duty as a cook-house, and found a very rough building. He saw from the floor that the water ran through, and the place was not watertight or suitable for men to have their meals there. The woolshed was approximately a mile from the homestead. To Air Barnard : The accommodation he was speaking about was the woolshed. The cook-lumse was some little distance away on the other side of the road. He would contradict the defendant- and his manager if they said the woolshed was by tbb track, under half tt mile. He did not notice a spare room next to the stable. He could not say whether Air Lysnar got the registered letter or not, but if it had not been delivered it would have been returned. On the first oecasiozz he visited the station, he saw about five Alaoris there, und on the second occasion he saw about u dozen. He did not know whether they were visiting shearers or not. Air Burnard : A r ou know the practice „i Alaoris. They bring their aunts and cousins with them.

Air Burnard said that he was instructed that the letter had not been received by defendant. The way in which the notice was served, was not in accordance with the Act at all. The defendant did not receive the letter, and one would certainly expect- that he would have received both his registered and unregistered letters. The only explanation was that defendant travelled about a good deal and did not get all bis correspondence into his own hands. He certainly did not receive this letter. This brought, them to the intention of the Act, which said that notice had to be served personally or left at bis last known place of residence. The Alagistrate pointed out that some Acts provided for service by registered letter. Air Burnard remarked that it was intended farmers should receive personal intimation. If the second letter which put the matter most fairly, had been received by Mr Lysnar, he would have communicated with the Inspector, but ho did not know the position until he received the summons. The question of service was fatal to , the ease. The Alagistrate: A r ou sav you have not received the notice? AYcll. the case must stop there unless you waive the point and let me decide the case on its merits.

Air Burnard: AYe cannot waive it. Air Lysnar said he had not- received' the notice, the very first time lie saw me about the matter. '

The Alagistrate: I must hold according to the evidence that proper notice

not having been given in accordance with subsection 2 of section 0 of the Act, under which the. proceedings were brought, the information will have to be dismissed.