Shops and Shop-assistants Act 1892
Shops and Shop-assistants Act 1892
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Shops and Shop-assistants Act 1892
Shops and Shop-assistants Act 1892
Public Act |
1892 No 45 |
|
Date of assent |
11 October 1892 |
|
Contents
An Act for Limiting the Hours of Business in Shops.
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title.
The Short Title of this Act is “The Shops and Shop-assistants Act, 1892.”
2 Interpretation.
In this Act, unless inconsistent with the context,—
“Inspector” means an Inspector of Factories and work-rooms appointed under “The Factories Act, 1891:”
“Shop” means any building, or portion of a building, or place, in which goods are exposed or offered for sale by retail:
“Shop assistant” means a person who works in a shop for hire or maintenance, and includes apprentices and improvers:
“Shopkeeper” means the person, company, or association employing persons in any shop, or occupying any shop, building, or place intended as, or about to be used as, a shop, and includes any agent, manager, foreman, or other person acting, or apparently acting, in the general management or control of any such shop.
3 Assistants to have weekly half-holiday.
Every shop-assistant employed in a shop shall, on some working day in each week, have a half-holiday from the hour of one of the clock in the afternoon; and if any shopkeeper shall offend against the provisions of this section he shall be liable to a penalty not exceeding five pounds for each offence.
Proviso.
The foregoing provision for a half-holiday shall not apply in any city, borough, or town district in any week in which a public general holiday shall be declared or observed on a working-day.
4 Women and young persons not to be employed more than fifty-eight hours in a week.
A woman, or a person under eighteen years of age, shall not work for hire in or about any shop, nor at any work in connection with the shop, for a longer period than fifty-eight hours, including meal-times, in any one week.
A woman, or a person under eighteen years of age, shall not, to the knowledge of the shopkeeper, be employed in any shop who has been previously on the same day employed in a factory or work-room for the number of hours permitted by law, or for a longer period than will complete such number of hours.
5 Notice of hours to be exhibited in shop.
In every shop in which women, or persons under eighteen years of age, are employed a notice shall be kept exhibited by the shopkeeper in a conspicuous place therein referring to the provisions of this Act, and stating the number of hours in the week during which women and persons as aforesaid may lawfully be employed therein.
6 Penalty on breach.
Where any woman, or person under the age of eighteen years, is employed in or about any shop contrary to the provisions of this Act the shopkeeper shall be liable to a penalty not exceeding two pounds for each person so employed.
7 Sitting-accommodation for females employed in shops.
Every shopkeeper is hereby required to provide proper sitting accommodation for females employed in his shop, and if any shopkeeper fails to comply with the requirements of this section he shall for every week during which he so fails be liable to a penalty not exceeding five pounds.
8 Agent liable to penalty in certain cases.
Where an offence for which a shopkeeper is liable under this Act to a penalty has, in fact, been committed by some agent, servant, workman, or other person, such agent, servant, workman, or other person shall be liable to the same penalty as if he were the shopkeeper.
9 Inspectors of Factories to see Act properly carried out.
It shall be the duty of every Inspector to see that the provisions of this Act are properly carried out, and to prosecute all persons guilty of any breach thereof.
Their powers.
For the purpose of carrying out the provisions of this Act, every Inspector shall have the same right of entry into and of inspection and examination of a shop subject to the provisions of this Act as he would have in respect of a factory or work-room; and in case any shopkeeper shall refuse to allow such entry or inspection and examination, or if he impedes the Inspector in any such inspection or examination, he shall be liable to the like penalty as the occupier of a factory or work-room is liable for refusing to allow or impeding any entry into or examination of such factory or work-room.
10 Summary remedy for offences, &c.
Where any person is charged with an offence against this Act, such charge shall be heard, and all penalties imposed by this Act shall be recovered in a summary way, before a Resident Magistrate or two or more Justices of the Peace in the manner provided by “The Justices of the Peace Act, 1882.”
11 Provisions as to procedure in prosecutions.
The following provisions shall have effect with reference to proceedings before the Court for offences and penalties under this Act:—
(1.)
The information shall be laid within one month after the commission of the offence;
(2.)
It shall be sufficient to allege that a shop is a shop within the meaning of this Act without more;
(3.)
It shall be sufficient to state the name of the ostensible shopkeeper, or the title of the firm, company, or association by which the shopkeeper is usually known;
(4.)
A conviction or order made in any matter arising under this Act, either originally or on appeal, shall not be quashed for want of form; and
(5.)
Any person aggrieved by a summary conviction under this Act may appeal to the Supreme Court or to a District Court in the manner provided by “The Justices of the Peace Act, 1882.”
12 Repeal.
The Acts hereunder enumerated are hereby respectively repealed in so far as they apply to shops and the persons employed therein:—
1881, No. 23.—The Employment of Females and Others Act, 1881.
1884, No. 20.—The Employment of Females and Others Act 1881 Amendment Act, 1884.
1885, No. 34.—The Employment of Females and Others Act 1881 Amendment Act. 1885.
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Versions
Shops and Shop-assistants Act 1892
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