15/12/1947

CIVIL COURT, FIRST HALL

CAMILLERI ALBERT V.

JOSEPH WILLIAMS vs AGNES SIVE NESA AGIUS ET

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ACTS OF TRADE - ART. 37 OF TEH CODE OF CIVIL PROCEDURE - BARMAID - COMPETENCE OF THE COURT - HIRING OF SERVICE

Barmaids are not traders by profession or calling. The engament of a barmaid cannot be assumed "perse" as act of a commercial nature for the person undertaking such service. It is a contract of hiring service, and as such it is a contract of a Civil Courts; so that, if the plaintiff is a trader and teh defendant is not and the subject matter isnot of fa commercial character, the Court competentto take cognisance ofthe dispute is teh Civil Court.