SHORT WEIGHT BUTTER

Dominion, Volume 10, Issue 3151, 1 August 1917, Page 7

SHORT WEIGHT BUTTER

." : -* 6-f-T-; J. NATHAN & CO. FINED £40 NOTICE OF APPEAL In the Court yesterday Mr. S. E. M'Carthy, S.M., delivered reserved judgment in the caso against Joseph Nathan and Co., Ltd., charged with selling butter short in weight. It was alleged in the information that the defendant company 6old to William Campbell, grocer. Mariners Street, .fritter bearing'"a Ifals'o and misleading statement that the butter in question wns ono pound, whereas the true weight was 15oz. lldwt: ■" . His Worship, after referring to tho purchase of the butter, from W. Campbell by the inspector under the ]?ood and Drugs Act, stated that tests wero mado which wero not questioned as to tho loss by evaporation, keeping in view tho humidity of the atmosphere, and it was found that a reaso-nablo average rate of evaporation did not account for the deficiency. The defendant company's employees kept an analysis of butter received in bulk and also received certificates that tho employees had weighed at least.s per cent, of the one pound pats, which the certificates stated were found to be of Ml average woight. Two employees of tho defendant , company visited Campbell's shop on January 8, and also the shops of others who purchased butter from Uio company, and their evidence was that they found no light weight in any of the shops. These employees were not accompanied by anyone on behalf of tfye informant, and their evidence was not convincing. _ , His Worship continuing said thai the inspector weighed not only one pound of butter, but also five others, and the joint weight disclosed a serious- shortage After tho butter was received by tho defendant company' it was divided into ono pound pats by machinery, irbich hm\ wire and 6crew adjustments. These. could be adjusted so as to givo the correct weight in the case of nearly all the pats. Further, the defendant company's, carters were instructed to weigh the butter on delivery, but this instruction was not always carried out. Mr. M'Carthy quoted the section of the Act under whioli the defendant company was charged, and went on to remark that the steps taken by the company did not constituto reasonable steps within the -meaning of that <Vct. It was not only necessary for tho defendant company to give instructions; they must also see that tho instructions were carried out. The machinery used could have been so adjusted as to ensure correct weight in nearly every pat. For the exceptions. Regulation 6 was the remedy, but the defendant company had not i brought itself within that regulation. If .the weight supplied .was not tho weight notified, on offence had been committed. Besides Section B was never in-, tonded to override tho principle, that an employer was liable, for the act of his servant committed within the scope of his authority. ; '. Concluding, His Worship said that tho defendant company, through its sen-ants, knew that reasonable precautions were not being taken to turn out pats of the correct weight, and for tho 3cts of tho employees the company was liable. True, tho company might not be liable to the punishment mentioned in the proviso to Sub-section 7 of Section'l2, but that did not affect the main position of the liability of the company for the act of its servants. With respect to globules in tho butter, this could be remedied by effective mechanical compression, which would also to some extent deal witji the loss of evaporation. The defendant icomDany's contract with such .of His Majesty's lieges as purchased its butter was that they would supply that commodity, not air and water. Tho total deficiency in the fiix pate weighed to.gothor was loz. 15dwt. Taking tho deficiency in the six pats ae.thq average for the day, tho total deficiency in weight in the one poun'i pats issued from one onlv of the defendant company's factories was about 6Ub. Still assuming the average on tho six pata to bo continnous throughout the yeivr, this gave the defendant company an annual unlawful profit of somewhere in the region of JEIOOO extracted, if it was extracted, for the most part from people who could ill afford to pay. Defendant must be convicted, and the fine must be sufficient to act as a deterrent. The defendant company was fined £w and ordered to pay costs. Security for appeal was fixed at £10. At tho hearing-Mr. P. S. K. Maoassoy appeared for the Crown, and Mr. M. Myers for Joseph Nathan and Co., Ltd.