SALES ON HALF-HOLIDAYS.

Poverty Bay Herald, Volume XLI, Issue 13427, 8 July 1914, Page 2

SALES ON HALF-HOLIDAYS.

AN INTERESTING POLNT. '

Arising out of the salo of Mrs- Airey 's stock ay Chilton's hall recently, John McFarlane .Samson, auctioneer, at the Magistrate's Court this .- irtorning, upon tue information of the Inspector of Factories (Mr W. H. Westbrooke)' waa charged tliat on June lti, being the oc- | cupifsr of a shop within the meaning of the Shops and Offices Act, he did keep open such shop after 1 p.m.. on Thursday, the statutory halt-holiday.* .Mr Biair appeared, for defendant, who pleaded not guilty. • - c ; > '.- -1 The inspector gave evidence that » ho visited a "place, known as Chilton's haU abwut one o'clock on Thursday, June 18, and warned defendant if he did not closo at 1 o'clock he .would be committing a breach of the Act. Defendant . said "he would see witness later/ About 3 p.m., witness again visited the plaOe, hhd found it open and the sale still 'goihgvbh. Air Westbrooke added that '■ttefehdaht had premises ; m Gladstone road registered under the Shops and Offices Act, 1910, and registered under the name" of i John . Samson, and known as^ Samion Brothers' Auction Mart. : ;He' visited Chilton's hall on each , working; day of the week, commencing ■ from* june _i 6, : aiid' found the sale m .progress.^ Chil€oh*s:hall was not the ' defendant's registered {premises. He could not say positively .that defendant was there 'each day,- "but : he kpew the place was open. ,'' His Worship : These premises are not defendant s .registered premises. Mr Westbrooke: No,, but it is a, shop within the meaning of the Act- * Mr Blair: That is for the .Magistrate to say -. ■ That is the whole question! • To Sir Blair: Witness saidf the 'sale was advertised by Samsori ? Bros. ; SHo could hot say whether the registered premises were closed on the Thursday or not. Chilton's hall had been a skating rink and a store. It was -about; ;30 or 40 feet back from thought the new building blockfed: the front entrance., - -•-.- Mr Blair: Are -there /any thif-gin^the nature Of shop windows m. tMsrfruHding? — Witness : No. To see th© goods you went, inside the place?— Yes. On' each day ; you visited it was "the sale being conducted by auction, ?-f-J could not swear, but the sale "was;, going on. On each day I saw defendant thieTe he was selling by auction. You know that Thursdays here .are the universal days- for auction sales?— ■ No, : but I know auction sales are frequently held on * Thursdays. • Mr Westbrooke said ho iwished to ;put m a decision of Mr Day, *S.M., dealing with a similar case. - Mr Blair pointed out, that m that case defendants were selling their own goods. His "Worship ; Ssiid .tho.: question ; was whether an auctioneer could! -travel round and sell other persons' goods on a statutory half-holiday. .[■ Mr Westbrooke quoted several clauses m the Act supporting the prosecution. Mr Blair said defendant was admittedly conducting a sale m Chilton's hall on the Thursday afternoon. ■ He was selling as Sn auctioneer on behalf of another person. Tlie half -holidays were recognised as the. best days for such sales, and it was universal to conduct sales on the half-holiday. .Counsel submitted that cept where auctioneers i; sold - their- ;<*vm soods they .d id not •■ come . within^ . jthe Shops and Offices A,ct at all- An auctioneer was an agent having very special' authority. Mr Blair quoted authorities m support of this contention. The temporary occupation of a hall" or dwelling house did not make the place a shop..

> His Worship : You say an auctioneer ca*n fjet over the Shops and- Offices Act hy conducting a sale atj places other than his > registered premises. . Mr .Blair : Certainly, t Counsel wentfon to refer to the of a "sih'op," which>..he submitted was a permanent place of employment. Referring to one authority Mr Blair said auctioneers could sell any where ; they did not come within, the meaning of the Shops and Offices Act. - ' ■ -yy ■'.'■■■: . .- j -.■-*■ . - His. Worship (laughingly) : They cotald not sell m a church., ■ " :

Mr Blair: No, but they could sell. at a church bazaar without a> fee; : "'■ \ Counsel said he would call defendant to say he was selling for another" person ,- and .submitted that was* all. he had/to prove. •.-■."' -. . '■';' ■ Defendant gave evidence that he y&as selling as the Inspector had stated, '^hlit he was selling on behalf of a client.- / . His Worship: That is; the goodi} you did not give away ? . I understand -you gave away some hate and things?' " Witness: Yes. " His Worship : "They were' not, your goods?— Witness: No. . ' ; ' To Mr Blair : : Witness said he had nothing to do with the hiring "of the hall; The goods had been damaged by fire and water. His own premises were closed as usual at 1 o'clock. It Xyas customary for auctioneers to y cortduct sales on Thursday afternoons. - ' Mr Westbrooke: Was there nothing else sold'but the goods damaged" by-fire and 1 -"^ater?— Witness :-, No. • ' k_ \ Nothing else, were youA only for one client ?— Yes. ■■•••-•

judgment was reserved, His Wbriship remarking that it was a very, important matter for all auctioneers m New Zealand. „ ■■',''••