HALF-HOLIDAY PROSECUTION

Taranaki Daily News, Volume LII, Issue 16, 25 June 1909, Page 3

HALF-HOLIDAY PROSECUTION

AN IMPORTANT DECISION

By Telegraph.—Press Association.

Nelson, Last Night. An important judgment was given in the Supreme Court to-day ,by his Honor Mr. Justice Cooper in the case, Inspector of Factories v. Bethwaite, an appeal from a decision of the magistrate in a half-holiday prosecution. Respondent is an ironmonger, and the half-holiday for that trade was fixed for Saturday by requisition of two ■firms claiming to constitute a majority. , Respondeat kept his shop open on Saturday, and wrhen prosecuted set up the defence that ithe requisition was not signed iby a majority of the trade, as there were other Shopkeepers engaged in the sale of ironmongery as a part of their business and they were therefore ironmongers. The Magistrate upheld this contention and dismissed the information.

In the course of his judgment his Honor said the appeal was made on two grounds—(l) That the direction that the shops should close was conclusive; and (2)_ that the magistrate was wrong in holding that the requisition had not been signed by a majority of the ironmongers/ and hardware dealers. With regaTd to the first objection, his Honor held that the direction was not conclusive, and that its validity could be enquired into. On the second and main point,' he held that in construing, section 25 of the Shops and Offices Act, 1008, which allows the majority of the occupiers of all shops in a district or those carrying oa particular trades to regulate at 'what hours their shops must be closed, that interpretation must be adopted which involved tile least absurdity. In Nelson there were three 6hops whose main business was hardware and ironmongery, and several storekeepers, and a substantial part of i whose business was also in these lines.

"If the traders who carry on these particular .businesses' camiot regulate their hours of closing without the consent of a majority of the general storekeepers, they are prevented from exercising the power granted by section 25 of the Act." He thought at first that the certificate went beyond the requisition of the shopkeepers in adding the words "combined and separately," and that the direction to close was' therefore bad, but oh consideration he came to the conclusion that these words applied to those carrying on ironmongery or hardware, combined or separately, and not to those carrying on these businesses in conjunction with any other. On these grounds the appeal was allowed, and the ease remitted to the Magistrate, with a direction that the defen-e set.up was no answer to the information, but as the question was of some importance and a new point of law was involved no costs were allowed.