HOURS OF CLOSING

New Zealand Times, Volume XLIII, Issue 10087, 28 September 1918, Page 8

HOURS OF CLOSING

A NEAT POINT A UNIQUE SUPREME COURT JUDGMENT. Considerable interest attached to tho jua tt meut denverod in tno smpremo Court yesterday by tho Chief justice (t>ir Robert Stout), in the case of lv. Houldsworth, tobacconist, of Lambton quay, against U. H. Lightfoot, Inspector ot Factories. His .Honour was asked to review a decision of Mr F. V. Grazer, S.M., on a point of law. In his judgment, His Honour characterised tho law point as a very neat one. Under the provisions of section 25 of the Shops and Offices Act, 190 ti, a requisition was made to tho Minister for Labour by a majority of the shopkeepers who were hairdressers and tobacconists to fix the hour for the closing of their shops. They asked that certain days and hours should be fixed, subject to the closing of not later than 1 p.m. on the day observed as the statutory holiday, namely, on Mondays, Tuesdays, and Thursdays, 7 p.m:; on Wednesdays, 5 p.m.; on Fridays, U p.m.; and. on Saturdays, 10 p.m., with certain exceptions. This requisition was certified by. the Wellington City Council. The appellant objected that there was no proof that the majority of tho occupiers of the shop B agreed to the requisition, and further there was no power to fix 5 p.m. on Wednesdays, as 5. p.m was not the "evening" of a Weduesday, the contention being that 5 p.m was the afternoon, and not the ovening. ..... As to the first point, Hi s Honour held that the statement of the Minister could not be controverted. With regard to tho second point, His Honour said that the Act provided that the offices shall be closed in the "evening" of every working day at an hour specified. In section 27 of the Act it is treated that 5 o'clock is in the afternoon, not tho evening. In tho Amendment Act of 1917, in speaking of another matter, it -, contains this reference: "Of the hour of half past ten o'clock in the evening." It also speaks of. "before 5 o'clock in the evening of that day" ; so that in two parts of what is really in effect one Act, we have 5, o'clock called "evening," and we have £q o'clock called "afternoon." How, then, i s the word "evening" to be interpreted? We havo the following terms applied to different parts of the day morning, . the forenoon, the afternoon, tho ovening, , and tho night. \V hen can tho eevning be said to come? l n my opinion the evening does not neces- ' sarily mean the night. It is true that sometimes the rhght is said to begin when the sun sets. It is clear, i think, that the word evening is used as denoting a time after the afternoon and before night. In tho «tnot meaning of the word the evening can mean only what is called twilight, namely, from sunset till dark. It cannot mean two hours before sunset, when the sun should be shining brightly. Many of our noted writerß use.the word in this signification. "As tho interpretation of the word evening is not founcl in the statute, 1 am of tho opinion "that I must adopt the strict meaniing of the word, and therefore there was no power to fix 5 o'clock a closing hour of the plnce s ot business mentioned, at all events in thoso months of the year when the sun had not set at 5 oclock. Tho notice of tho Minister fixing the times as mentioned wag not, so far as Wednesday was concerned, valid, and the conviction must be set aside." Costs were not allowed. At the hearing on Thursday, Mr P. Levi appeared ; for : the appellant, and the Inspector of Factories appeared in person.