A TEST CASE

Press, Volume XLIX, Issue 14564, 15 January 1913, Page 2

A TEST CASE

DEFINITION OF A SECOND-HAND

DEALER

If a man purchases a second-hand article and then sells it, is he a secondhand dealer? This question came up in tho Magistrate's Court yesterday, before Mr T. A. B. Bailey, S.M., when Arthur B,ritten was chargeel with carrying oh business as a second-hand j dealer without a license. Mr Cassidy, j who appeared for Britten, entered a plea of not guilty. Chief-Detectivo Bishop, who conducted tho prosecution, stated that the case was brought as a test case. Detective Regan stated that some time ago a young lady reported tho loss of her bicycle. frneiuines showed that another wtiman had sold tho bicycle to Britten. Witness said Brit* ten had purchased the bicycle for 30a, and he intended to sell it to a client for £4 10s. Mr Cassidy submitted that if it was hold that this transaction made the defendant a second-hand dealer, then all bicycle anel motor-ear firms must, bo second-hand dealers. He said that the Act referred to people .whose primary business was the purchase and the sale of second-hand articles. Counsel said it was the practice of bicycle firms to purchase second-hand articles, do them up, and then sell them. This was part ot a firm's business, and Mr Cassidy conteneled that it was quite legitimate for a linn to purchase a second-hand bicycle, renew many of its parts,'anel then sell it. This was what was done in the instance which was the subject of the case before the Court. Mr Cassiely said tho question ,was. diet the defendant carry on the business of a seconel-hand dealer? Counsel said, he did not, his business consisting of manufacturing and selling bicycles. As a side-line, the defendant purchased second-hand articles and remodelled them. Tho Magistrate observed that this applied to many other industries, such as meitor-car firms and blacksmiths. Mr Cassidy said the whole point was, what was the primary object of tlie defendant's business, which, he snid, was not that of a second-hand dealer. He submitted that it was quite clear that tho Act never intended that a man who purchased and sold secondhand articles as a side-line to his business was a seconel-hand dealer. Tho Magistrate agreed, and the charge wag dismissed.