WHEN IS TIT EVENING.

Manawatu Herald, Volume XLI, Issue 1947, 4 March 1919, Page 2

WHEN IS TIT EVENING.

OX Iho moaning of Ihe word “evening 1 ’ there has already been legislation, ami some litigation, ami (here is to he more. The Labour Department has decided to appeal against the decision of a Magistrate given at Tiniaru recently with regard to this matter. Under section 25 of (he Shops and Ollices Act the majority of shopkeepers in any 'trade may, by requisition to the Minister of Labour, fix the closing Lours “in the evening” of ail simps engaged in the trade in their district. Section 25 does not specify what, “evening” means, and it has been the practice of the reipiisitiona.i'ies and of the Labour Department (according to Mr P. \V. Rowley. Secretary f'or^Labour) to regard any hours from 5 o'clock onwards as evening. In a case heard, at Wellington in October last, the Chief Justice gave a.ruling to the effect that the word “evening” means “about the time of sunset.” The effect of this decision is that the hour of, say 5 o'clock in the summer time is md evening, although it would be in the winter time. After the delivery of the Chief Justice's judgment, Parliament inserted a definition of the word “evening” in lasi year's legislation —viz., “that evening shall be deemed to be .the lime of the day not earlier than 5 o’clock in the afternoon.” The Magistrate at Timaru deluded that this amendment did not override the Chief Justice's ruling, and that ( vening must si ill be deemed to be about the time of sunset, provided that the hour shall not be earlier than 5 o’clock. Against (his decision the Department is now appealing to (he Supreme Court. The appeal is one of some importance, as it may affect the interpretation of the Avord “evening,” not only in the Shops and Ollices Aid,'but in any other statute.