Bristol Mercury - 01 November 1879

Important Decision Under the Weights and Measures Act

At the last Petty Session (Major Mogg in the chair), George Emery, beerhouse-keeper, of Paulton, was charged under the Weights and Measures Act with unlawfully using or having in his possession for use, on the 13th Otober instant, two measures, one of them intended to represent a quart measure and the other a pint measure, the same not having been verified and stamped. Mr. Clifton, of Bristol, solicitor to the North Somerset Victuallers' Protection Association, appeared for the defendant. Mr. Supt. Empson, Inspector under the Weights and Measures Act, stated that on the day in question he visited the defendant's house and found the two vessels in use, and as they were not stamped as required by section 29 of the Act, he seized them. Mr. Clifton contended that he had nothing to answer, because it had not been proved that the two vessels had been used as "measures," and also that they were not represented as such, and he quoted in support of his argument section 22 of the Act, which provides as follows :- "Nothing in this Act shall prevent the sale or subject a person to a fine under this Act for the sale of an article in any vessel where such vessel is not represented as containing any amount of imperial measure, nor subject a person to a fine under this Act for the possession of a vessel where it is shown that such vessel is not used not intended for use as a measure." Mr. Clifton stated that the two cups had been given to two customers to drink out of, the beer having been first measured in the properly-stamped measures, as he was prepared to prove. A long discussion took place between the learned advocate and the bench as to the proper construction of the Act, and in the result the summons was dismissed. There were several other cases of the same nature, but the facts were somewhat similar, and on the application of Mr. Clifton they were also dismissed.