FACTORIES’ ACT PROSECUTION.

Gisborne Times, Volume XXVI, Issue 2143, 19 March 1908, Page 2

FACTORIES’ ACT PROSECUTION.

RE-HEARING GRANTED. In the Magistrate’s room yesterday Air J. A\ 7 . Nolan, on behalf of tho Inspector of Factories, applied for a reliearing in tho eases brought by the Inspector against- Alessrs Evans, Nield aaul Co., hoard 01a February 24th.,in which the firm were charged with failure to report an accident. The information was dismissed on the ground that no notice had been sent to a medical officer. Air Nolan said that all parties had overlooked the fact that the section under which tho information was laid had been amended. The amendment consisted of the insertion of the words “if any” after tlio portion calling for a report to a medical officer.

Air T. Alston Coleman, appeared to oppose the motion, and contended that on a point of law tho correct procedure was to take action an the Court of Appeal. Generally a re-hoar ing was granted on a point of fact. Mr Nolan -said that- in the matter of re-hearing of civil cases the present procedure was only the result of general practice. The S.AI. said that lie had received tho Statutes too late, to properly mark tho recent- amendments, and tho fact was that the- amendment had been overlooked. Ho thought it was a ease calling for a re-hearing, which would bo taken on Alarcli 23rd.