INFORMATION DISMISSED

Feilding Star, Volume 5, Issue 1032, 17 February 1927, Page 8

INFORMATION DISMISSED

REGISTRATION OF CRUSHING PLANT. ' x INSPECTOR v. OROUA COUNTY OF LOCAL BODY INTEREST A judgment of particular interest to local bodies was given by Mr J, L. Stout, S.M., at the’ Magistrate’s Court ibis morning in the case of Joseph Lowden, of Palmerston X., District Inspector of Factories ngftinst the Chairman and 'Councillors of the Oroun County Council. The Council was Charged that within the space of six months last past, on July It) and subsequent; dates at Ashhurst, in the Oroun County, being the occupiers of a factory within the meaning of the Factories Act. 1021-22, did unlawfully use for the purpose of crushing stone, a place on the hanks of the Manawatu river, without being, duly

registered as a factory, as required by Section 0 (1) and (2) of the Act, The proceedings were heard last Court; day. Mr Elliott appearing for the defendant Council. On that occasion the Magistrate intimated that he would take time to consider his decision.

Judgment was given as follows: There seems to lie no doubt from the authorities cited a stone crushing plant with a -permanent location could he considered a ‘-place” within the . definit ion of “factory” od in Section 2of the Act. The evidence in this case, however, discloses that; tin' plant belonging to the defendant; Council is a portable plaint worked by a traction engine. Hie crusher and engine being both on wheels. The plant; is one therefore, which, in its nature I ,is not; permanently situated in any one place and as such, in my opinion, does not come within the definition of "factory” contained in the Act. Itis true that it had been stationary for several months on the same locality crushing stone obtained from the.river lied, hut in my opinion that is insufficient to give it the attribute of permanency of site the Act requires. The information will lie dismissed.