THE WEEKLY HALF-HOLIDAY.

Otago Daily Times, Issue 10239, 22 December 1894, Page 3

THE WEEKLY HALF-HOLIDAY.

At the Police Court yesterday six charges of not granting a weekly half-holiday to their em- /) oye.es were preferred against Fyfe and Curniug.

Mr Sim appeared for the defendants, who yl^-ided "Guilty." Mr Haggitt, who prosecuted, said that the offence was created under the provisions of the Shops and Shop Assistants Act. The offence was committed during last week, when no public holiday took place. He believed a half-holiday was allowed ou one day from some hour in the morning to midday, but that was not complying with the act, as it was required that the halfholiday should be in the afternoon.

Mr Sim said that the circumstances of the case were such that he woulii ask their Worships to inflict only a nominal peualty. The fact.! of the case weie that the firm at the present time were very busy, and it wa ■■ inconvenient that the halfholiilay should take piste; in th-; afternoon. The employee* agreed to have it in the morning, and, although a technical ofi'euce was thus committed, he submitted the inspector might have allowed it to pass ; but> no, prompted probably by some Jack-in-office1 at Welling'on, who wished to kuosv why he was nor. making himself felt in ' Dupedin, h«! took action. Counsel would ask their Worships to consider that the present act wsuld be repealed <t the cud of the year by the new act, which required that not ouly should a half-holiday lie given, but that the shop should be closed. Their Worships could inflict a small fine if they wished, and he urged that, in order to mark Iheirseiue of the injustice of the proceedings, they should inflict » line of Id, witoout coats, in each c*se It such an act was to he enforced in this arbitrary way it would Dimply result in the employees themselves suffering. Mr Haggitt was surry that he would have to differ from his ltaiued friend. The latter asked their Worships to wink at a deliberate breach of the law. He admitted himself that the firm had knowingly committed the offence, and even went further and induced their employees to join them in doing so. Tlisy must take the act as they found I it, and it would be very wron;? if the inspector had shut his eyes to such a deliberate breach of its provisions. He could not therefore agree with hin learned friend that simply a muninul penalty would meet such a deliberate breach of the law. A fine of 5i and costs was inflicted in each case. Mr Hagsltt said ihiit an act was now in force whereby the bench could allow the Crown solicitor professional coat?, and he was instructed to apply for such costs. Mr Sim contended that professional costs should not be allowed in every case. It would be sufficient if they were allowed in {he first case only. Professional costs of £1 Is were allowed in the first case, the total costs being JE3 3s. Two charges wen; also preferred against Mollisou and 00. „ ..

Mr Haggitt Hated twit he wished Mr Mollison to say whathtr he had been in the habit of breaking the law in this nianuer.

Mr JloUisou assure.! th« court that this was an isolated case. The ftruj had always been very caraful to ob.-erve the law.

Mr Haggitt said that in that case the circuin■taucjs were similar to tho !ast.

A five of 5s and co-its was ii,dieted in each case,

Ijuitesjionnl costs baiti" ailo.viadin one of them, chs total costs being £115s.