Shops and Offices Act.
TEST CASE AGAINST A BANK. Nelsov, May 30 Mr Eyre Kenny, S.M., gave reserved judgment in the test case brought against Mr Tnbuteau, manager of the Nelson branch of the Bank of New Wales, under the Shops and Offices Act of 1904, for r*fusing to permit the Inspector of Factories to inSDect the extra time book "of the Bank. Thedefenoo raised was that—(l) no noticfl of intention to inspect had been given; (2) the inspector had no right to rnter thn Bank without a reasonable snp'poaition that the provisions of the Act were being brcken; (3) the Bank's own Act of 1861 empowering it to make rules for its own service wbs not repealed by the Shops and Offices Act. Mr Kenny held that (1) notice to inspect was not necessary; (2) the deaire to inspect the extra time book was sufficient reason; (3) such portions of the 1861 Act as were repugnant to the Shops and Offices Aot, of 190* were repealed automatically by the " latter" though it is believed both Acts could be read together, especially as the bank's deed of settlement provided for alterations according to alterations in the j law of the land from time to time. Defendant was convicted, but as it was a test case, he was fined only a shilling and costs. Notice of appeal has been given.
Permanent link to this item
Ashburton Guardian, Ashburton Guardian, Volume XXII, Issue 6583, 30 May 1905
Shops and Offices Act. Ashburton Guardian, Volume XXII, Issue 6583, 30 May 1905
Using This Item
See our copyright guide for information on how you may use this title.