Griffith v Ferrier
| Jurisdiction | Scotland |
| Judgment Date | 07 March 1952 |
| Docket Number | No. 12. |
| Date | 07 March 1952 |
| Court | High Court of Justiciary |
HIGH COURT.
Lord Justice-General. Lord Carmont. Lord Russell.
Statutory Offences—Factories Acts—"Factory"—Premises in which only one man employed in manual labour—Whether premises a factory—Factories Act, 1937 (1 Edw. VIII and I Geo. VI, cap. 67), sec. 151—Interpretation Act, 1889 (52 and 53 Vict. cap. 63), sec. 1 (1) (b).
The Factories Act, 1937, by sec. 151 (1), defines "factory" as meaning "any premises in which … persons are employed in manual labour in any process for," inter alia, the adapting for sale of any article.
The Interpretation Act, 1889, by sec. 1. (1) (b), enacts that, in the construction of a statute, unless the contrary intention appears, "words in the plural shall include the singular."
A firewood merchant, who employed manual labour in the process of adapting the wood for sale, was charged with a contravention of the Factories Act, 1937, and was acquitted by the Sheriff-substitute on the ground that it had not been proved that more than one person was employed in manual labour on his premises, and that accordingly it had not been proved that the premises were a factory.
Held, on appeal, that a "factory" within the meaning of sec. 151 of the Factories Act, 1937, included premises where only one person was employed in manual labour in any process specified in the section.
Harry Ferrier, firewood merchant, was charged in the Sheriff Court at Forfar on a summary complaint at the instance of Richard Evelyn Griffith, H. M. Inspector of Factories, Dundee, which set forth that "being the occupier of premises at Lochside, Forfar, you did between 8th August 1951 and 23rd August 1951, both dates inclusive, use the said premises as a factory within the meaning of the aftermentioned Acts without serving on the factory inspector…a written notice containing the particulars required by section 113 of the Factories Act, 1937, as amended by section 5 of the Factories Act, 1948, contrary to section 113 of the Factories Act, 1937,1 as amended aforesaid."
The trial took place before the Sheriff-substitute (Ford) on 6th December 1951, when he found the accused not guilty. At the request of the complainer he stated a case for appeal to the High Court of Justiciary.
The case set forth that the following facts were admitted or proved:—"(1) The respondent carries on, and has since April 1947 carried on, business as a firewood merchant at premises of £1 annual value which he owns and occupies at Lochside, Forfar, Angus. (2) These premises consist, inter alia, of a rough shed in which a tractor driving a circular saw is operated to saw wood. After sawing, the wood is chopped and bagged on the premises. Thereafter the wood is loaded into two lorries belonging to the respondent, and driven away for sale to householders. (3) Since April 1947 the respondent has himself regularly performed manual labour in the process of adapting wood for sale as firewood. (4) Since that date he has had a right of access to the premises and a right of control over any person in his employment there. (5) For some time up to and including the early part of August 1951 the respondent regularly employed one man to drive a lorry and also to chop and bag wood. (6) From time to time since April 1947 the respondent's father, who has...
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Haygarth v J. & F. Stone Lighting & Radio Ltd
...the Factories Act if there were more than one or two persons working in the alleged factory. I agree with the Scottish decision in Griffith v Ferrier 1952 J.C. 56 that it is sufficient to make premises a factory if only one person is employed there in manual labour, and if a number of pers......
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Auchinlea Quarries and Brickworks v Assessor for Lanarkshire
...13 Reference was made to Bean and Lockwood, Rating Valuation Practice, (3rd ed.) p. 167. 14 1954 S. C. 89. 15 Griffith v. FerrierSC, 1952 J. C. 56. 16 1 Edw. VII, cap. 18 [1901] 1 K. B. 317. 19 16 and 17 Geo. V, cap. 47. 20 Reference was made to John Leng & Co. v. Assessor for Dundee, 1929 ......