AN UNJUST BALANCE.

Taranaki Daily News, 8 August 1919, Page 7

AN UNJUST BALANCE.

CHAJRGE AGAINST 10CAL BUTCHERS DISMISSED. In the Magistrate's Court yesterday, before Mr W. R. McKean, S.M., an information was brought by the Inspector of Weights and Measures (Mr R. Cashman) against, Messrs Sole Bros, butchers, New Plymouth, for having in use in their shop a weighing machine which was unjust. Mr A. H, Johnstone appeared for defendants, who pleaded not guilty. The inspector stated that the defendants had two sets of scales in their shop, one of which was a dual-faced spring balance. One of tho dials registered correctly, but the other side was 2 oz out, and if goods were sold according to it the purchaser would receive that amount short of the proper quantity of goods. He drew defendants' attention to the scales, and was told that the defective side was not in use.

For the defence it was urged that the scales had been in use for some time. Within the last twelve months a defect in one side was noticed, and the scales had been sent to the inspector for adjustment, They were returned to defendants, who were told that provided they did not use the side that registered incorrectly they could continue to use them. The scales were hung in the shop and the correct face was turned inwards and was read by anyone using the scales in the shop. The other side could not be seen without going outside and looking through the window. The inspector pointed out that there was no record in the books of his office of Messrs Sole Bros having any scale tested since 1916.

Evidence as to the scales having been sent for testing within tho ,past twelve months was given by O. W. Sole, and ono of the shop employees who personally took the scales to, the inspector. The Magistrate said while tlie scales might be imperfect lie could not hold that they were unjust. . They were used in such a way as to show the correct weight of goods sold. In view of the testimony that the scales had bfen tested and that the inspector had given permission for their use, and that they had been used in accordance with that permission he did not think lie would be justified in convicting. The information was therefore dismissedUNSTAMPED SCALES. J. Shepherd was also charged on the information of the Inspector of Weights and Measures with having in his use a weighing machine not stamped according to the Act. Defendant, who pleaded guilty, stated he had recently been discharged from military service and had taken over the bakery and confectionery business lie was now conducting, believing everything to be in proper order at the time lie took over. He was not aware that the scales wero unstamped, nor was lie nware that it was necessary tliat they should be stamped. He was quite prepared to have the matter rectified. In reply to tho Magistrate the inspector stated th» scales were true. He also said he did not wish to press for a penalty in the case. According to the Act the scales would have to be forfe!ted. The Magistrate warned defendant that lie was liable to a penalty of £lO, but under the circumstances he would merely be convicted and no penalty imposed.