WORKING ON SUNDAYS.

Auckland Star, Volume LXIII, Issue 260, 2 November 1932, Page 8

WORKING ON SUNDAYS.

CARRIERS OF LIVESTOCK. MAGISTRATE IMPOSES FINES. "' " "BOBBY CALF" TEST CASES. (By Telegraph.—Own Correspondent.) "HAMILTON, this day. j . Recently - Mr. Wyvern-Wilson, S ; M.,j decided it was an offence under the Act for carriers of livestock to work on a : Sunday.: The evidence showed that several carrier's in the."bobbycalf" trade had carried animals to, the- Horotm. freezing works on a Sunday, ready lor killing on the Monday. Mr. Wilson held it was not a work of necessity.

At the original hearing a nominal line was imposed on the defendant, Arthur. Colbourne Hendry, but was increased to £5 i/ to permit of an appeal. At the Court to-day application for a rehearing was made by Senior Sergeant Sweeney on the grounds that there was no jurisdiction under the Act for the magistrate to : impose a penalty of over £5. '",

"The position is unique," commented Mr. Wilson, in granting the application. The case was a test one and he imposed a nominal penalty of 10/: At the request of counsel he increased the fine to £o 1/ to allow of a general appeal. He had no jurisdiction to impose a fine over £o: Where the maximum penalty was £5 the law gave no right of appeal, on the facts except under exceptional circumstances. .

As the proceedings arose out-of a test case, Mr. Wilson imposed a nominal fine of 1/ in the cases of Hendry and Arnold Tarleton Smith.

The following were ordered to pay costs totalling £4 13/: James Haydio Leek, Charles Balmer Davies, William Bruce, Harry Cook, Arthur Norman Young, Samuel Robert Lye, William Charles Mellors, Reginald Schaire.