Poverty Ray Herald. PUBLISHED EVERY EVENING GISBORNE, MONDAY, JUNE 3, 1895. THE SHOPS AND SHOP ASSISTANTS' ACT.

Poverty Bay Herald, Volume XXIL, Issue 7296, 3 June 1895, Page 2

Poverty Ray Herald. PUBLISHED EVERY EVENING GISBORNE, MONDAY, JUNE 3, 1895. THE SHOPS AND SHOP ASSISTANTS' ACT.

In the course of a leading article upon Mr W. H. Northcroft's recent judgment, the New Zealand Times says :— We are somewhat surprised on reading the telegraphed report of Mr Northcroft's judgment, but we are not surprised at the determination to appeal against that judgment to the Supreme Court. The Gisborne Magistrate had, we remember, the very same argument before him that has convinced Mr Northcroft that the shops cannot be closed under the Act till next year, and the Gis_ borue Magistrate decided against the argu. ment. The Auckland Magistrate in his judgment declared that the main question for him to determine was when the section of the Statute under which shops are required to be closed for one afternoon every week came into operation.

Our contemporary is in error iv stating tint the "Gisborne Magistrate decided Hgains't the argument " that the Act does not come into force until 1896. On the Bth ultimo Mr W. Adair was charged at the S.M. Court here with a breach of the Shops aud Shop Assistants Act, by keeping open on Saturday April 27th. Messrs W. L. Hees and Finn appeared for Mr Adair. Mr Rees argued (1) that the resolution of the Council, passed on the 29th January was not in force j (2) that bhe Act did not come into operation until 1896. He further said :—

" Whichever way the case went, it would go before the Supreme' Court. No doubt the Government would go on prosecuting until some case was appealed against, and perhaps it would be unfair to put them in the position of having to appeal against what they considered the proper reading of the law. The defendants could appeal against any nominal fine. It would be as well, therefore, and in fact it was absolutely necessary that a case should at once be stated for appeal. Ultimately there would be a conviction, and this would be the best time to take it. The citizens were not trying to evade the law. They were simply obeying prima facie the will of the local body, Thursday having been appointed by the local body as the day forclosiug. He would, therefore, propose that the proceedings should be this, that steps should be taken to carry the case to appeal, and that in the meantime the citizens should continue to close on Thursdays. The citizens would take the law as laid down by the Supreme Court, either to obey it, or if they disobeyed it, it would be at their absolute risk. It would be carrying things very-harshly if, whilst the appeal was pending, proceedings were to be taken against the shopkeepers, but " sufficient unto the day was the evil thereof." A conviction must sooner or later come. The Court could not take upon itself to decide such intricate points of law as were involved. The last point he had raised would affect the whole of the colony."

The S.M.- remarked that it was strange the second point raised by Mr Rees had not been brought forward before, and expressed an opinion that the case of Ilichardßon v. Mcßride, quoted in support, was on all fours with the case then befor him. He declined to give any opinion as to the point, which was a matter that properly belonged to the Supreme Court. In convicting Mr Adair, Mr Booth said :—

•'I am of opinion that the resolution of the 29th of January, appointing Saturday as the day for closing the shops in pursuance of the Shops and Shop Assistants Act, is valid, and I am of opinion that it has been legally appointed by the local authority. _ I I am further of opinion that no alteration can be made in the day so appointed until January of the following year."

The annual balance-sheet of the Waiapu County Council will be found on the fourth page of this issue.

Mr E. H. Woledge, accountant, who has been for some time in the local office of the N.Z. Loan and Mercantile Agency Co., has been transferred to the Auckland branch.

To-day, being Whit Monday, was a bank holiday, and all the local banks were closed.

The monthly meeting of the Charitable Aid Board will be held at Mr McKay's office to-morrow afternoon at 3 o'clock.

At the meeting of the Charitable Aid Board to-morrow afternoon, the report of the committee concerning the Old Men's Home will be considered.

Messrs Common, Shelton, and Co., Ltd., have been appointed agents here for the Canadian-Australian steamship line, which promises to become a favorite route for passengers to America and England.

At the Police Court this morning Joseph Geddes was fined 10s and 2s costs for drunkenness, and 20s and 2s costs for using threatening language to Mr Sheen, licensee of the Turanganui Hotel, on Saturday last.— Charles Single had three charges preferred against him : (1) Being drunk in charge of a horse on the Ormond main road yesterday ; (2) using obscene language; (3) assaultiug Constable Farmer in the execution of his duty. For the first offence he was fined 20s and 2s costs ; the second charge was withdrawn at the suggestion of the Court, as though disclosing bad language, the evidence could not be called " obscene ;" and for the assault, a fine of 40s and costs 7s was inflicted. Mr Booth S.M. presided.

Last evening a very large congregation assembled iv Holy Trinity Church to be present at the firsc confirmation of i/uropeans held by the Bishop of Waiapu, a connrmation of Native members of the Church having talfen place on Friday last in the Kaiti Church. Twelve caudidates (including one Native) were presented last night to the Bishop. The usual evening service was read to the end of the third collect, the psalms being chanted to favorite chants composed by Mr Spackman, and the canticles sung to Bennett's service in F. At the dose of the prayers the hymn •• Soldiers of Christ Arise" was auug, and then the confirmation commenced. The introductory address to the congregation was read by the Vicar, and the Bishop then proceediug to the chancel step delivered a most earnest address to those about to be confirmed. In his address the Bishop reminded them of the great privileges conferred upon them at Holy Baptism, aud the corresponding duties to which they were pledged, and winch they were now again about to confirm and ratify in the presence of God and His Church. The Bishop then warned them of tho vanity and uselessness of a mere formal performance of this solemn service, aud exhorted them by oraver and faith to come iv a receptive state of heart and mind that they might receive f rash outpouring's of the Holy Spirit to enable them truly to deny self in. the sense that self should be altogether obliterated, and that their life should be entirely consecrated to God and guided by the influence of the Holy Spirit, and that they should live not for private ends, but for the glory of Chmt and the 'good of His body, the Church. The candidates then followed his Lordship to the communion rails, where they renewed the baptismal vows and received the laying on of hands. A beautiful anthem by My lea. Foster to the words of the hymn •' Oh, for a closer walk with God," was then very well sung by the choir, and then the hymn "O Jesus 1 have promised" and the Bishop's benediction brought * most impressive service to a close,