NOT A FACTORY

Wanganui Chronicle, Volume 80, Issue 244, 14 October 1937, Page 5

NOT A FACTORY

TRAMWAY CAR-SHED CONVICTION SET ASIDE WELLINGTON, Oct. 13. The Full Court delivered judgment in the case of the Wellington City Corporation v. Percy Henry Kinsman (Inspector of Factories) heard on October 6. This appeal from the deci-1 sion of Mr. W. F. Stilwell, S.M., was allowed. The Court held that the corporation’s tramsheds were not a fac-1 tory within the meaning of the Factories Act, 1921-1922 and its amendjnents, and accordingly that the conviction of the corporation must be quashed. NATIVE ESTATE CLAIM [ Ter Press Association.] WELLINGTON, Oct. 13. Judgment was delivered by the Court of Appeal in the case of Robert Victor Tipene v. Tutua Teone, heard on September 17. A judgment in this appeal from Mr. Justice Reed stated that there was an insurmountable obstacle against appellant succeeding in that no valid adoption order had been made, which was relied upon by appellant in support of his case. A joint judgment of Justices Ostler, Smith, and Fair came to a like conclusion that an oral pronouncement of an adoption order by a stipendiary magistrate in 1900 was not a valid adoption order under the “Adoption of Children Act, 1895.” The appeal was accordingly dismissed. APPEAL DISMISSED MAGISTRATE’S DECISION UPHELD. WELLINGTON, Oct. 13. The Full Court delivered judgment in the case of Adalbert Joseph Tobin v. Agnes Dorman and William Fullerton Dorman, heard on September 13. ( This was an appeal from the judgement of Mr. J. H. Luxford, S.M., who found that appellant, at whose house a dog belonging to his daughter was kept, was liable for £55 damages done by it in killing lambs and sheep. The appeal was dismissed by the Full Court.

APPEAL ALLOWED ALLEGED SHARE-HAWKING. WELLINGTON, Oct. 13. The Full Court delivered judgment in the case of Harold Calvert v. John Albert Colin Mackenzie, heard on September 22. The appeal of Calvert against his conviction on a charge of share-hawking in July and August, 1935, was allowed and his conviction quashed. In his judgment the Chief Justice came to the conclusion that there was not a going from house to house by Calvert within the meaning of section 343 (2) of the Companies Act, 1933, which was necessary in re- 1 dient of an offence. In the joint judgment of Justice Ostler and Smith it was held that on the facts as found by Justice Kennedy in his judgment the lapse of time between the visits made by Calvert left it too uncertain to draw the conclusion that there was going from house to house by him. Justice Kennedy, who reviewed the facts of the case at length, decided that they were not sufficient to justify 12 reasonable men coming to the conclusion that Calvert had gone from house to house. MOTOR INSURANCE CASE WELLINGTON, Oct. 13. The Appeal Court delivered judgment in the case of the Commercial Union Assurance Co., Ltd. v. Colonial Carrying Co. of New Zealand, Ltd., heard on September 30. In this case, removed for determining the construction of Section (6) (1) of the Motor Vehicles Insurance (Third Party Risks) Act, 1928, it was held by the Chief Justice that the term “use as them employed,” necessarily implied negligent use of a motor-vehicle as such in the present case. There was no negligent use of a lorry, and accordingly the question must be answered in the negative.

Separate judgments, coming to the same conclusion, were delivered by Justices Ostler, Smith and Fair.