A NICE POINT.

Evening Post, Volume LXXXIII, Issue 73, 26 March 1912, Page 3

A NICE POINT.

QUESTION OF PARTITIONED SHOP. • Before Mr. W. G. Riddell, S.M., yesterday, 0. A. Le Oren (Inspector of Awards), proceeded against Chung Wah, Molesworth-stireet, for employing an assistant after hours on Wednesday, 13t!i March, and failing to close liis shop at 1 p.m. on -the 13th March for remainder ot the day. Defendant, who- pleaded hod guilty, was defended by Sir. A. L. Herdman. Defendant* shop, it appears, was a 'divided ono, on£ part being kept open on Wednesday afternoons for the sale of fruit and vegetables exclusively, while th« other pait was closed. £}uch a division (as in the present case) of the shop was not a sufficient requirement with tho Act, contended the inspector. If the division were permanent, there ■would be. two distinct and separate shops. A decision by a magistrate at Masterion was quoted as part precedent. For the rest ot the week the assistant served " in the part of the shop where j such, goods as dike, groceries, tobacco, etc., were sold. On Wednesday afternoon this assistant would be found in th« plac« where the fruit and vegetables were sold. Intimation had been sent by the Department to Chine/so shopkeepers similarly placed that the Department would not recognise this /jractice, and this note had been complied with by all the others. Ib -was submitted by' counsel that there had been no breach of the Act. Under section 18, defendant was allowed to sell fruit and vegetables exclusively on Wednesday afternoon, and it wae not proved that he had sold anything elee. The whole point was as to the liberty on Wednesday afternoon to sell fruit in this apartment or shop without committing an offence. Counsel submitted that there had been no such offence. The apartment had a main door, and was a 6hop. It would be au outrage and a stretching of tho law to an extraordinary extent if the Labour • Department- succeeded in bringing this man within the four corners of section 18 of the Act. Judgment was reserved.