having coal brought to his premises in
sacks, which were weighed in the pre-
sence of his servant and left on the
premises for the purpose of sale and
delivery to his customers. Having re-
ceived orders for 5cwt. of coal, the
respondent directed his servant to deliver
the same to customers who had ordered
them. The servant accordingly took five
sacks of coal, believing each sack to
contain lcwt., and placed them in his
master's cart, and whilst on his way to
deliver them to the customers he was
stopped by an inspector of the London
County Council, the local authority, who
asked him what weight each sack con-
tained, to which he replied "lewt." On
being weighed by the inspector, a de-
ficiency was found in the weight of four
of the sacks: Held, that the respondent,
the seller of the coal, was not liable
under sect. 29, sub-sect. 2, of the Weights
and Measures Act, 1889 (52 & 53 Vict.
c. 21), as there was no representation by
him of the weight, and that the servant
was not liable, as he was not the seller
of the coal. Mullins v. Collins (L. Rep.
9 Q. B. 292; 43 L. J. 67, M. C.) referred
to and distinguished. (Roberts, app. v.
Woodward, resp. July, 1890. Q. B.
Div.) 139.
WEIGHTS AND MEASURES.
penalty. See sub "Justices."
Appeal. See sub "Practice."
WITNESS. See sub "Evidence."
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