"COUNT MARKED" APPLES

Auckland Star, Volume LXXVI, Issue 119, 22 May 1945, Page 2

"COUNT MARKED" APPLES

INTERPRETATION SOUGHT

O.c. NAPIER, Monday. An interpretation of the regulations governing the size of apples denoted by the count marked at the end of the case was sought from Mr. Justice Cornish in an appeal heard in the Supreme Court, Napier, against a magistrate's decision when Edward Malcolm Langley was convicted of an offence under the fruit regulations. Mr. E. J. W. Hallett, representing the appellant, stated that the incident responsible for the prosecution concerned the removing of a number of defective apples from a case marked "count 138," which was sold bearing this description. It was contended that as the count denoted the size of the fruit there had been no breach of the regulations. Counsel pointed out that there was no suggestion that the appellant charged for more apples than he sold. Mr. H. C. Sproule, who appeared for the Department, said the defendant should have struck out the number 138, put his own registered number on the case and filled ud the whole case. His Honor said it looked as if the defendant had not sold a case of apples, but some apples in a case. He reserved his decision.

Mr. A. A. Johnson, one of six New Zealand agricultural experts sent to England in 1942 to assist in the campaign for cropping and food production, has taken up the position of assistant lecturer in dairy husbandry at Massey Agricultural College, Palmerston North.