High Court of Australia
i OF AUSTRALIA. 463
ords which are often, and wisely, put in ayreements and H. C. or A. ards—merely in the hope of eliciting the opinion of the ree
AND
: 2 2 e FIrEMEN'S tralia, now contained in sec. 404, operates to withdraw assoctation
1 powers as were already contained in the original Act, under OF Eis
' i 'TRALASTA isions which have not been repealed. v. BROKEN Hi Pro- PRIETARY Co.
Questions answered accordingly.
B. L. [HIGH COURT OF AUSTRALIA.] < 3 i e i . APPELLANT; AND je é 4 . RESPONDENT,
ON APPEAL FROM THE SUPREME COURT OF VICTORIA.
H.C. or A.
—Sale of marketable goods in places other than markets—' Places," mean- 1911
ing of —Public places—* Shop," meaning of—Disturbance of market—Markets ~ Act 1890 (Vict.), (No. 1115), sec. 25.
Z Merzourne , Sec. 25 of the Markets Act 1890 (Vict.) provides that the commissioners of J#@ 13, 14» "markets "may fix the places within such town or portion of a town for the 1"
_ holding of markets, and may there erect und build or cause to be erected Griffitho.J.,
'or built, market houses with shambles stalls and other convenient buildings, ofttetaid
H.C. or A. ©
1911, ——
RIcHARDSON vw AUSTIN.
_ HIGH COURT
And the said market places shall be the only. places' within. the sai portion of a town where any market for the sale of corn (except grain sold by sample) butchers' meat poultry eggs fresh butter vege other provisions shall for the future be held and kept, And if any pen
section.
Held also, on the evidence, that the place in question was a ": within the meaning of the section.
Held also that the section does not exclude the ordinary remedies f turbance of market.
Weedon v. Davidson, 4 C.L.R., 895, explained.
Decision of Oussen J. + Austin v. Richardson, (1911) V.TARo, 115 82 ATT, 135, reversed.
AppEAL from the Supreme Court of Victoria.
At the Court of Petty Sessions, at-Geelong, on 27th Septer 1910, an information was heard whereby Herbert Arthur Mayor of the Town of Geelong, the respondent, on behalf of Council of Geelong, charged Horace Frank Richardson, the lant, for that, on 25th August 1910, at the Exchange, Little Street, Geelong, he "did expose for sale certain provisions u sold in markets to wit butter and such Exchange being other than the places appointed by the said Council and n
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