SUPREME COURT

Dominion, Volume 12, Issue 2, 27 September 1918, Page 7

SUPREME COURT

AN APPEAL CASE

TOBACCONISTS' CLOSING HOURS

His Honour the Chief Justice (Sir R-obert Stout), sitting in the Supreme "T.Vjurt yesterday, heard the case of Robert Houldsworth, tobacconist, v. G. H. Lightfoot, Inspector of Factories. Mr. P. Levi nppeared for the appellant and Mr. Lightfoot appeared in person.

The appeal was from a decision of Mr. F. V. Frazer, S.M. In the Lower Court Houldsworth was charged that on August 14, 1918. being an occupier of a shop within the meaning of the Shops and Offices Act, 1008, he did fail to close his shop at 5 p.m., the hour fixed for.tobacconists in Wellington. Houldsworth was convicted tnd fined Is., and the appeal was against this.

Mr. Levi, in opening, said tho point at issue, though a small one, was of considerable importance to a number of shopkeepers. In the Shops and Offices Act there was provision for a statutory closing day fixed by the local body on the vote of the inhabitants, and_Saturday was the closing day in Wellington. There was a provision in the Act for sectional trades closing, by requisition signed by a majority of the shopkeepers, on other days than on the statutory day. In Wellington a large number of tobacconists made tho weekly half-holiday on Wednesday instead of Saturday. * There wero somp who kept Saturday as the half-holidav, and ihc appellant was one of this class. The requisition to which the Gazette notice referred was made by those closing on the Wednesday at 1 p.m., and it was desired that those observing the Saturday half-holiday should close at 5 p.m. on Wednesday*. Those who observed Wednesday as the half-holiday wero permitted to close at 10 p.m. on Saturday, thus obtaining an advantage of five hours' trading time. Section 2o dealt with the closing of shops by requisition, and the whole question turned upon what was meant by the words "in the evening" as mentioned in the. Act. He contended that 5 p.m. was not evening. He quoted Webster's r.ic-t-ionary, and .reference was also made to the Biblical statement, that 'the morning and evening were the first day." Mr. Levi thoucht that evening meant sunset. In Wellington for three, months of the year the sets at 5 p.m. and earlier, and during tro remaining nine months later than 5 p.m. He maintained that tho particular connection in which the word was used had to bo taken into consideration. It was the closing hour "in the evening," and the onus appeared to be thrown on the Court_ to determine whether 5 o'clock was in the .afternoon or evening. He contended that o o'clock was in the afternoon, and in an Act of our Legislature it was referred to as "5 o'clock in the afternoon.''

After hearing Mr. Lightfoot His Honour reserved his decision.