A SHOP HOURS CASE.

Hawera & Normanby Star, Volume LXV, Issue LXV, 9 October 1913, Page 5

A SHOP HOURS CASE.

rhtnr niMagls£at,es Court ' Manaia, Ching Chang Fook, for whom Mr UDea appeared, was charged on the information of the Inspector of Factories that, being the occupier of a shop-within the town district of Manam, he .did not,, oh. August 20- last, close.the said shop at the hour of,six o clock in the evening as required, under the Shops .arid •■Offir.es Act Tbe Stipendiary Magistrate delivered judgment on Wednesday. He overruled several technical objections, and in respect ■of the defence that the shop was closed, said: "It is claimed the shop was closed, the defendant having partitioned off the side of shop in which groceries ;ire sold from i 1 *.-C S ;.S Q on which fruit is sold, and that the former, was closed and locked on the Wednesday-in question. Section 20 of the 1908 Act says a shop shall b^ deemed not to be closed if it is not lock-ed or otherwise effectually closed against the admission of the public. In the present case the only door to the shop was open. It is true a part of the shop was closed, which prevented persons in the shop standing at the counter or obtaining goods from the grocery department. The Act is clear, that the shop must be closed effectually, not a part only. I must therefore hold the shop open to the public at a time when it should have been closed, and Ching Chang Fook, being the only person carrying on business therein, was the ostensible occupier. I convict defendant and fine him £3 with costs as follows, court costs 7s, Inspector of Factories, £1 10s." The fine was raised from £3 to £5 Is to allow of appeal on the application of Mr Powell (of Welsh, McCarthy and O'Dea's Manaia branch). The Magistrate said he would fix the security for the appeal with Mr ODea at Hawera.