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