NEW RULING GIVEN

Gisborne Herald, Volume LXVI, Issue 20040, 12 September 1939, Page 14

NEW RULING GIVEN

DELIVERY OF MEAT BREACH OF ACT MINOR FINE IMPOSED * \ New ground was broken in ihe Police Court yesterday afternoon, when Mr. J. 11. Luxford, S.M., gave a ruling in a case arising out of a breach of section 23 of the Shops and Offices Act, in that the defendants, Stacey Bros., butchers of Gisborne, were charged with having delivered meat at Tamarau road, Wainui, at 3.30 p.m. on Saturday, July 8, a statutoiy half-holiday.

Mr. G. J. Jeune appeared for _ the defendants, who pleaded not guilty. Mr. G. A. MeKessar appeared for the Labour Department.

Mr. MeKessar said that he had seen one of the Stacey brothers carrying meat into a house outside the borougn boundary. The inspector had locked into the defendants’ van and had seen a large quantity of meat. Magistrate’s Ruling Sought

Section 23 of the Shops and Offices Act, continued Mr. MeKessar, held that if goods were being delivered tne shop could not be held to be closed. The case was unique and a ruling on the point raised by tire Act was sought. As an explanation, Stacey had said that, as one of the owners of the business, he had a right to deliver when and where lie liked. To Mr. Jeune. the witness said that complaints had been received regarding Stacey Bros, delivering meat on the half-days. The closing day for the f Cook County was Thursday afternoon, and in the borough, where Staceys’ shop was located, the half-day was Saturday. Mr. MeKessar said that ii was the practice of one oi the defendants several years ago to hawk meat in the Wainui i.strict, in which the present alleged breach was committed. When the de fendant and his brother commenced business in town, the defendant pre-

.ously mentioned had continued to sell meat from his truck in the disA ci. He held that the van could be •deemed a shop and, as such, could not be traded from on Thursday afternoons in the Cook County, which included Wainui, but could be delivered from on Saturday. Counsel said that the meat was not being delivered from the truck, but was being sold from it. Meat From Borough Area His Worship pointed out that it would be necessary for counsel to prove that the meat did not come from the town shop to support the contention that it would not be a breach to sell meat in the county where the regulation half-holiday did not apply. He pointed out that there had been wrapped parcels in the van, and the inference which must be drawn on the facts was that the meat was brought from the shop situated in the borough area. If the supply was in t\ie van ready for demand it could be held that canvassing of orders coulcl.be carried out at the same time as the delivery of meat. Mr. Jeune said that there was no one else delivering meat in that area, therefore there was no competitive harm done: neither was an employee being asked to work to deliver the meat.

His Worship commented that, on the facts presented, a breach had been committed. He accepted an assurance from Mr. MeKessar that no heavy penalty was sought and commented that both parties had sought a decision on the- matter. In view of the circumstances, he would inflict a nominal fine of 10s and costs.