BREACH OF THE FACTORIES ACT.

New Zealand Herald, Volume XXXI, Issue 9490, 20 April 1894, Page 6

BREACH OF THE FACTORIES ACT.

FAILING TO REGISTER. At the Police Court yesterday morning before Mr. R. S. Bush, S.M., Patrick O'Kane was charged with a breach of the Factories Act in that being the occupier of a factory he did not within the time specified by the Act serve on the inspectors and on the Board, a written notice in the form and manner prescribed by the regulations, and giving particulars concerning the said factory or workroom, Mr. McAlister (instructed by the Crown Prosecutor) conducted the prosecution, and Mr. F. Baume appeared for the defendant, who pleaded not guilty. Herbert Ferguson, Inspector of Factories for the Auckland district, deposed to having visited the premises occupied by Mr. O'Kane several times. He nad explained the conditions of the Act to Mr. O'Kane, and told him what was expected of him. Witness visited the place on the 14th March, and found four people, two males and two females, working the place. They were sorting and packing rags into cases. Up to the 11th April Mr. O'Kane had not registered his factory or expressed his desire to witness to do so. Cross-examined by Mr. Baums, witness said he considered sorting and packing meant preparing under the meaning of the Act. Mr. Baume submitted that there was no evidence before the Court that the room was a factory. A factory was a place where articles were being prepared for sale. He contended that this was nob being done in the present case, as the rags were being pub in bags and sent away. Mr. Baume gave several illustrations in support of his contention. He held that every fruit shop and gum store could as well*be termed a factory as the establishment kept by the defendant. His Worship held that sorting and packing rags was preparing them for sale. When any commodity was so handled as to make it saleable, it must come under the meaning, preparing for sale. He imposed a fine of Is, and costs 375.