GOLD BUYER CHARGED

Otago Daily Times, Issue 21734, 27 August 1932, Page 7

GOLD BUYER CHARGED

RESERVED DECISION DELIVERED A CONVICTION ENTERED In the City Police Court yesterday Mr H. W. Bundle, SAM., his reserved decision in the case in which Cyril Benjamin, a gold buyer carrying on business in Princes street, was charged under the Second-hand Dealers’ Act, 1908, with (Purchasing goods after 6 p.m. At the original hearing the defendant pleaded not guilty. An interesting feature of the hearing was that in a similar case heard recently at Wanganui, Mr J. H. Salmon, S.M., dismissed the charge on the ground that the gold-buying firm concerned were not second-hand dealers. In delivering his. decision the magistrate said that the facts were not in dispute. It was admitted by the defendant that he did, on that date, purchase goods after 6 p.m. He also admitted that he was the bolder of a second-hand dealer’s license under the Act. "Defendant claims,” said Mr Bundle, “ that even on the admitted facts he is not liable to conviction. The grounds of defence are:—(l) That though he is the holder of license mentioned, there was no necessity for him to take it out. (2) That the purchasing of secondhand articles of gold does uot constitute him a second-hand dealer. I deal with the two points raised in order named. It is not, I think, for the court to question the license. The license on the face of; it was granted by the local authority on written application made by the defendant. So long as it remains in force I think the licensee must comply with the terms of section 10. The defendant has not done so. .1 do not . think it necessary for me to decide the second ground, but I may express the opinion I have formed if I found it necessary so to decide. The definition of ‘second-hand dealer ’ in section 2 of the said Act is somewhat peculiar. It defines a ‘secondhand dealer ’ as a person who carries on the business of purchasing, selling, or exchanging second-hand articles. This wording by itself means that a person who carries on the business of purchasing second-hand goods is -a second-hand dealer. Purchasing, selling, or exchanging are, I think, clearly disjunctive. The difficulty created is as to the meaning to be given to the following words, ‘but does not include any person who does not carry on the sale, or exchange of second-hand articles at a shop, store, or place of bum: ness.’ Do these words mean that a person who carries on the business of purchasing second-hand goods is not a dealer unless he also sells or exchanges goods at a shop, store, or place of business? Or do they limit the class of persons selling or exchanging second-hand goods to persons who sell or exchange only at. a shop or place of business? The former meaning at first sight appears' to be grammatically correct, but is it not, in view of the context regarding persons, purchasing,, absurd and unreasonable? What need would there be to mention at fll persons purchasing second-hand goods? t would be sufficient to say that ' secondhand dealer ’ means a person who carries on the business of selling or exchanging second-hand articles at _ a ehop,_ store, or place of business. This meaning ’ would also render the concluding exemption redundant. I think the latter is the proper meaning to be given. On the facts I do not think the defendant comes within the concluding exemption as ‘ any person who purchases such articles for the purposes of manufacturing other articles therefrom.” The articles bought by the defendant are bought for the gold they contain. A reduction of the gold by melting is, in my opinion, in no sense a manufacture of another article. I have had the privilege of perusing newspaper report of the case heard at Wangamii by Mr J. H. Salmon, S.M. I regret that I see fit to differ from the opinion of my brother magistrate as reported,” The defendant would be convicted and fined 20s and costs (10e), security for appeal being fixed at £lO 10s.