Jewish Publishing Syndicate v Polsky [1915] ZATPD 125 (26 November 1915)

Reported
Flynote

Registration of businesses.-Act No. 36 of 1909, sec. 4 (1).Advertisement of transfer or abandonment.-Meaning of " newspaper."

Case summary

Section 4 (1) of Act 36 of 1909 provides that notice of a proposed transfer, saleor abandonment of a business shall be advertised in three consecutive ordinary
issues of the Gazette and " once in each week for three consecutive weeks in a newspaper circulating in every district wherein the business premises are situate."

Held, that the Legislature did not intend to restrict the meaning of the word "newspaper" any further than the sub-section indicates, and that, consequently,
a newspaper printed in any language is a newspaper within themeaning of the sub-section.


Semble, where a debtor desiring to transfer his business purposely advertises his intention in a newspaper of such circulation and printed in such a language that his creditors are not likely to see the advertisements, he may be held to have failed to comply with the provisions of the sub-section.


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