The Shops and Offices Act

Waihi Daily Telegraph, Volume IV, Issue 1156, 28 November 1904, Page 3

The Shops and Offices Act

The Test Case Goes Against the Department Text of (lie Magistrates Ruling By Telegraph.—Press Association. Melbourne, (this day. Judgmknt was given this morning by tho Magistrate, Dr. 'McArthur, in tho oaso brought by tho Labour Department against a shopkeepor named Tanner, to tost whothor" combined districts'' undor tho Snops and Offices Act exist,

Tanner admitted keeking his shop open but his counsel contended that the Act could not be enforced bocauso "combined district" under tho Act had not beon specified,

The Magistrat upheld this view.'""SuT section 3 of sulion 8, ho said, stated that tho '• Minister shall specify each combined district." This cast a duty upon tho Ministor which was imperative The contention tha t "combined district" was created ""dor subnotion 2 of section 8 be disagreed with. He looked upon this sub section solely as a definition of •' combined district," not" H7"craatton lo read in the words suggested bv coun. »'.'•- h'\ prosecution would bo usurping thofiinc ioi'Kofthelegislaturo. Ho though l it obligatory in a Ministor to specify tho area and boundaries of combined districts, and until that had been dono tho "combined district" of Wellington did not exist, Tho caso was dismissed, Later, Tho Labour Doparlmont docs not intond to appeal against tho decision in tho Snops and Offices Act test case, but combined districts will bo g.uotted and furthor action taken.