MAGISTRATE'S COURT.

Dominion, Volume 5, Issue 1248, 5 October 1911, Page 3

MAGISTRATE'S COURT.

| (Before Mr. W. G. liiddell, S.M.) TOBACCO SALES A SIDE-LINE. CHINESE SUCCEED. DEPARTMENT'S CASE DROPPED. A somewhat interesting point hearin! on tho Shops and Offices Act was decider ot the Magistrate's Court, before Mr. \V. G. itiddell. S.M., yesterday morning. Tin question was whether Chineso fruiterers who sold tobacco, etc., came with ill tiic provisions of .1 gazetted regulation lixint the time of closing of shops selling tobacco, cigars, and cigarettes in tho city oi Wellington. t'ivc Chinese, Yong Lee, Kee Chong,_ Or K'iO, Wing Lee and Co., and J. \Yonf Wall and Co., were charged, on- the in for nialion of tho Inspector of Awards (Mr Lo Cren), with liavmg failed to close theii shops at 8 p.m. 011 Thursday last. Acting under instructions of tho Chin eso Consulate, Mr. E. G. Jeilicoc appeared for the defendants. The Department was represented by Mr R. 11. Ostler. Ee stated that 110 li.n only received the papers on tho previous evening, i)ut after looking into them h< Tiad advised the Department that no of fence had been committed, and that tin prosecution could not therefore succeed He therefore asked leave to withdraw tin Information. 11l explanation of this application foi leave lo withdraw, Mr. Ostler went 011 k say that the mistake had arisen (lirougli an erroneous interpretation of Sub-scctioi:

2 of Section 25 of the Shops ami Ollices ' Act. Tim Department had inlt-'iprcloil it j ,r in a. popular wn.-r," being apparently unaware that Hip fcrtion Jinl been n>:i--.'.lriicsl liy 31 r. Justin' Ccopor i'.i a oiniIrary way. That had happened in the case" 'I'v.-uii v. Urailliwaile. Sub-section 2, continued 31 r. Osl.kr, provklocl that a requisition may ho limited tci any particular Irado or ira<k-s within a district. J» tho cas> t[uuk'd it had been decided tliat a person who was carrying on a tradu as a sidc-lino was not carrying on tliat frado within tlio luoaniiiK of (ho Act. In this in-taiicc Iho dcii'iidiinlM wpn> Cliinc-o friiityin-s, iilid c;.iild not In; said tn hi- carrying on as tobacconists incrcly bcriiii^ , they sold tobat-fo. ftc, as a .-ido-linp. In law they were mr'irly irnitcicis by tivdi- an<l, in ton-wiuraci , . tlio ro(|iii>iiioii and registration v.-liii-h doalt , with tlio -ale of tobair;-.. olc. did nut apply to ilioin. CoiiiiM'l for the Cliini>M> (Mr. .lellicoo) vomavki'd that the requisition dealing with the mailer had bei-n signed by I0:i Kracyrs and I" tobacconists only. Jlc slated that tho tobacconists Intel only signed to oblige tlio grocers who sold fruit and were anxious to close all the Chinese fruit shops in tho city. Jn conclusion Jlr. Jellicco s;iid: "It is an attempt on tho part of Iho grocers to work a point, but this will be .something; for them to remember." By leave of the Court the informations we're withdrawn and costs amounting to iC2 2.». were allowed against the Department. OTIIUB CASES. Mary 31'Kcgncj - was charged with drujikeuncs ami being an idle anil disori derly person. Slio ailmitt'ed the first ufI fence, but denied tlio second. Sho was, however, convicted on each charge, i'or (lrunkennpis accused was fined 10s., and on the second charge flic was ordered to come up for K'litence when called upon. Thomas Maloney. tor drunkenness, was fined 10s., in default 18 hour*,' imprisonment. William Brue, alias Campbell, was 'convicted on a, charge of drunkenness and discharged. i''or breach of a prohibition order ho was iined 10s. in default seven days' imprisonment. On a charge of having sl'olen a pair of trousers on or nbout September 7, at Muriwai. Tuekn. l'omarc, a 3laori, was EL'ntenced to 21 days' imprisonment. Norman Harvey was adjudged the putative father of an illegitimate child and was ordered to contribute 7s. per week towards, its maintenance.