NOT A LOTTERY.

Gisborne Times, Volume LVI, Issue 6321, 25 February 1922, Page 6

NOT A LOTTERY.

DRAPER’S “FREE DAY.”

A decision of much interest was delivered at Palmerston North, by Air J. L. Stout. S.M., in the case Police v. Collinson and Cunningham. Ltd. (Air Innes). The Magistrate said: “The defendant company is charged with offences under sections 39 and 40 under the Gaining and Lotteries -Act, 1908. I do not think the informations disclose any offence under those sections, but I propose to deal with the scheme called “free day” constituted bv the defendant company and to consider whether it offends against the provisions of the sections mentioned. The scheme was advertised and was admittedly carried out in accordance with the. advertised conditions. Under it a certain day during a named period was ascertained, not by chance, but by mathematical calculation. This day was called “free day,” and any persons purchasing goods at the shop on that day were entitled to a refund in goods to the value of the same amount. The only element of chance was that the persons entitled to a refund happened to purchase goods on that day. The persons themselves were not ascertained bv a lottery or by a method of chance of the nature of those mentioned by section 39. hut merely by the act of purohasing goods on that day, and as T have said the day itself was ascertained bv mathematical calculation. In my opinion, such a scheme does not contravene the provisions of section 39 of the Act and therefore the informations must be dismissed.”