THE AUCTIONEERS ACT.

Taranaki Herald, Volume LIV, Issue 13820, 28 November 1908, Page 4

THE AUCTIONEERS ACT.

A QUESTION OF PERISHABLEFUt'IT. A case of some interest to auctioneers was heard in the Magistrate's" Court this morning, .by Mr. H. S. Fitzherbert, S.M. .Leslie B. Webster was charged with having committed a breach of the Auctioneers' Afct, by selling goods, to wit, strawberries." at a time not between 6 a.m. and 6 p.m. The goods were sold by auction at 8 p.m. on November 7. Defendant pleaded guilty. Mr. A. l\. Stand ish, who appeared for him, stated that the circumstances of the case were exceptional. On the date mentioned the steamer from Onehunga to New Plymouth was J barbound at tho former port, and it did not arrive at New Plymouth until the evening. The strawberries were consequently received* too late to bo sold before 6 p.m. Tho Monday following was a public holiday, so that if the goods had not been sold on the Saturday evening they could not have been sold until the following Tuesday. Had they been kept until that time they would have gone bad, and a heavy loss would have been caused to the shipper, as the* strawberries were the first of the season. Mr. Standish pointed out that defendant had not acted in his own interests, but in the interests of the consignors of the fruit. There were 10 orates of strawberries, worth about £1 each. Sergeant Haddrcll remarked that the "police could not allow the law to Im> broken without taking notice of it, but what counsel had said was quite correct. Provision was made in the Act for fish, but not for perishable fruit. His Worship »said tho case was an exceptionable one, but at the same time it was a breach of the law. Defendant would be convicted and fined />s and costs 7s. There ought, he added, to be some provision in the Act for perishable articles, besides fish.