ACCIDENTS IN FACTORIES.

Gisborne Times, Volume XXVI, Issue 2126, 27 February 1908, Page 1

ACCIDENTS IN FACTORIES.

SECTION OF FACTORIES ACT DECLARED INOPERATIVE.

At the S.M. Court yesterday Mr W. A. Barton, S.AL, delivered judgment in the cases heard on Monday, brought by the Inspector of Factories against Messrs Evans, Neild and Co., and the Gisborne Slieeptarmers Frozen Meat Coy. for alleged breaches of the Factories Act in not having reported - accidents to the Inspector. Mr J. AY. Nolan represented the Inspector, Air T. Alston Coleman appeared for Alcssrs Evans, Neild and Co , and the Frozen Aleat. Co.was represented by Mr. C. A. DeLautour. The judgment, which covers both informations was as follows: “I have considered the points raised by counsel for the defence and am of the opinion that section 39 of the Factories Act, 1901, under which these proceedings are brought is inoperative, from the fact that- no medical authority has been appointed under the Act for this district, and it would therefore he ueless giving notice to an Inspector, who can only act in conjunction with a medical authority. Supposing a medical authority had been appointed as well as ail Inspector, and a factory owner failed to report the accident to either ol them he would be liable, but where only one officer lias been appointed, as in the present ease, the section m my opinion is inoperative. For the reason given the information must he dismissed,” . Costs (£1 Is) were allowed against the Inspector In each case. Mr Nolan intimated that he intended to appeal. , „ , , The S.M. asked if it would not do to take an appeal on one ease only to apply to both. Air DeLautour pointed out that- the cases were not similar. In bis case there was no evidence of incapacity. The matter was allowed to drop.