APPEAL UPHELD

Hawke's Bay Herald-Tribune, Issue 202, 11 September 1937, Page 12

APPEAL UPHELD

-Press Association.)

Egg Market is Not a Factory

(By Telegraph-

CHRISTCHURCH. Last Night. A poultry and egg market holding poultry auction saies and testing and grading eggs is not a factory — this is the import of a judgment given by Mr Justice Northcroft in .the Supreme Court this morning on an appeal by William Herbert West, who conducts such a market, against a conviction entered against him in the Magistrate7s Court for failing to register his premises as a factory. His Honour upheld the appeal and quashecl the conviction. Three girls were employed in the appellant 7s premises, said his Honour in giving judgmeiit, in the process of testing eggs, after whieh they graded the eggs according to weight. Eighty per cent. of the eggs were reeeived at the market already graded. The object was to be able to sell guaranteed tested' eggs. No charge was made for testing^ the appellant7s remuneration being as commission ofr selling eggs. No steani or mechanical power was employed in the testing. A factory was deiined as any place in whieh two or more persons were employed in preparing or manufaeturing goods for trade or sale. "In my opinion,77 said his Honour, "the process used by the appellant does not involve the preparing of goods for trade or sale. Those words suggest a treatment of goods whieh is calculated to make them more attractive for trade or tsale. The appellant does no more tthan unpack, sort and repacls,"