At a sitting of the Supremo Court (in Banco) this morning, a case stated on appeal from the Auckland Resident Magistrate's Court in connection with the Factories Aot came before his Honor Mr Justice Conolly. The parties were John Van Breda (appellant) and Herbert Fer guson (respondent). Mr E. Mahony ap peared for the appellant, and Mr Macal ister for the respondent. The facts have already been telegraphed. The question for the opinion of the Court was whether the conviction of the appellant was wrong in point of law, After Mr Mahony had arguedjthecaee for the appellant Mr Macal ister rose to reply, bat his Honor remarked that it was quite clear that there had beenascandalousevasionottbestatate,and the only question was whether there was any power to punish the defendant. He very much regretted that he must quash the conviction. It was a very scandalous evasion of the Act, but the framers of it appeared to have thought it sufficient to say that the employer should pay wages for the holidays named, and if not paid the employ^ had a remedy— a very poor remedy no doubt, seeing that it required an eraployd in a factory to go into Court to sue for a few shillings, and probably be dismissed by the employer, But he could only take the Act as he found it. _ The appeal was allowed, and the conviction quashed, but no costs were allowed on either side The first meeting of creditors in the I estate of William James Dalton, of AuT-k; land, bankrupt, was to have been hela to-day at theofliceof theOtficial Assignee, but no creditors attended, and the meeting lapsed. The bankruptcy in question is a peculiar case, as by a recent decision in the R.M. Court Mr Dalton, who is secre tary ot the South Pacific Trading Com pany, is made liable for the whole of the promissory notes now afloat in Auckland in the company's name, amounting to over £1300. Mr Daltou has no debts whatever bayond those which he has, according to the decision of the Resident Magistrate, incurred by appending his signature to the proniissoiy notes of the company in his official capacity as secre tary. It is stated that there is a possi bility that the matters in this connection will" be brought before the Supreme Court.
