MAGISTRATE’S COURT.

Taranaki Daily News, 12 August 1921, Page 6

MAGISTRATE’S COURT.

NEW PLYMOUTH SITTING. ■Mr. A. W. Mowlem, S.M., presided at a sitting of the New Plymouth -Magistrate’s Court yesterday morning, when the following cases were dealt with:— BREACHES OF THE BY-LAWS. Informations in the following cases were laid by the Taranaki County inspector (Mr. B. Tippins): — Thomas Wipita, for driving a gig on the Smart Road at night without a light was convicted and fined £1 (costs £1 13s). T. Tutai, for a similar offence, wds convicted and fined £1 (costs £1 13s). Arthur George Skellerm, for using a motor lorry on the New PlymouthWaitara road without having the required registration marks thereon was convicted and fined £1 (costs 17s 6d). SELLING CIGARETTES AFTER HOURS. A. Gibbons, fruiterer and confectioner, New Plymouth, was charged with illegally selling cigarettes at 8.15 p.m. on July 18, thus commiting a breach of the Shops and Offices Act. The Inspector of Factories (Mr. W. J. Mountjoy) stated that a requisition had been made by the tobacconists of New Plymouth and had been gazetted, whereby they had agreed to close their shops at certfl in hours on certain days. Besides the Gazette notice an advertisement had been inserted in both local newspapers on May 12, and he had also personally warned the defendant against selling cigarettes in prohibited hours. Stanley McGregor, assistant inspector of factories, deposed to following a customer into Gibbon’s shop at 8.15 p.m. on July 18, and saw Gibbon sell the customer a packet of cigarettes. Defendant, when interviewed, admitted that he had sold the cigarettes and that he had been warned by Mr. Mount joy.

Defendant pleaded not guilty, explaining that he did not keep cigarettes for sale. On the night in question he admitted selling a packet of cigarettes to a friend as an obligement, but he had charged him only cost, price. The cigarettes were kept for his own use.

The Magistrate said that defendant, on his own admission, had sold the cigarettes and the fact that he had sold them to a friend at cost price made, no difference. Ho. would be fined £2 and costs 7s.

Charges of a similar nature were also laid against J. W. Kurta (Mr. T. P. Anderson) and M. Novak (Mr. F. E. Wilson) restaurant keeper. The alleged offence took place the same night as Gibbon’s, but slightly earlier in the evening. Both defendants pleaded not guilty, contending that under the Shops and Offices Act, the definition of “shop” did not include restaurants.

The inspector of factories contended that the Amendment Act of 1920 applied particularly to such cases. The Magistrate upheld this view, stating that the regulations had. made special provision for this class of case in | section 7of the 1920 Act. Each defendant would be convicted and fined £2 and court costs (7s).