Hill v Hennigan

• Jurisdiction: Ireland
• Judgment Date: 24 November 1877
• Date: 24 November 1877
• Court: Queen's Bench Division (Ireland)

Q. Bench.

HILL

and

HENNIGAN.

Light weights Evidence that county standard had been compared with imperial standard 5 & 6 Wm. 4, c. 63, s. 19 23 & 24 Vict. c. 119, ss. 8, 15, & 18 25 & 26 Vict. c. 76, ss. 6 & 7.

522 THE IRISH REPORTS. [I. R. Q. Bench. 1877. Light weights-Evidence that county standard had been compared with imperial' Nov. 11, 24. standard-5 4. 6 Wm. 4, c. 63, s. 19-23 4.24 Viet. c. 119, u. 8, 15, 4.18. -25 4' 26 Vict. c. 76, es. 6 4. 7. • In a prosecution for using light weights, it is not necessary to prove that the county standard has been, within five years, compared with the imperial standard at Westminster ; the presumption being, in the absence of evidence to the contrary, that the comparison had been duly made. CASE STATED by the magistrates of the county of Mayo. The Defendant was prosecuted before the magistrates for having used weights which were proved to be light when compared with the county standard ; but it was objected that no evidence was given that the county standard had been compared with the imperial standard within five years, as required by statute ; and upon that ground the magistrates dismissed the complaint, and stated the present case for the opinion of this Court as to whether they were right in so doing. The Solicitor-General (with him John G. Gibson), for the Crown, relied on the provisions of the statutes. No appearance for the Defendant. Cur. adv. vult. NOV. 24. MAY, C. J. :- In this case it 'appears that the Defendant, a shopkeeper, was brought before the magistrates on a charge of having light weights. The magistrates required evidence that the county standard had been within five years compared with the imperial standard in London ; and in the absence of this evidence the case was dismissed. The question is, was this decision of the maÂÂgistrate right ? This matter of providing for uniformity of weights and meaÂÂsures, by comparison with authorised standards, at an early period attracted the attention of the legislature. From the 4th of Anne, Tor.. XL] COMMON LAW SERIES. chapter 14, down to a very recent period, statutes were passed with that object, to the particular provisions of which it is not neÂÂcessary to refer. By 5 & 6 Wm. 4, c. 63, s. 19, it was proÂÂvided. that copies of the imperial standards (deposited in the Exchequer in London, under previous statutes) should be provided by the grand jury of each county in Ireland, for comparison of all weights and measures in use within such...