The Northern Daily Times.
Liverpool, Merseyside, England, 1856-10-10 00:00:00

INIPOB,TANT TO PUBLICANS

A case, involving a considerable amount of importance to
the licensed victuallers, and also to the public, was, yester-
day, heard at the police-court, before the presiding magistrate,
Mr. Turners The question at issue was, as to whether
publicans were allowed to use earthenware mugs for the sale
of their ale or porter, or whether the measures so used
must be regularly stamped by the weights and measures
authorities. The case was as follows: —John Clarke, publi-
can, of Sun-street, was summoned by the inspector of
weights and measures, for having in his possession two
measures not of the proper measurement. Mr. Rymer,
instructed by the Licensed Victualler's Association, appeared
to conduct the case for the defendant. The inspector and
another officer proved that, on a certain day, they were at
defendant's house, where they saw two men come in and
call for a pint of ale each. The ale was drawn from the tap
in two earthenware mugs, and handed to the parties, who
drank it on the premises. The mugs were subsequently'
tested, when it was discovered that they would not hold a pint
each, being half a gill short. Several other mugs of a similar
description were found upon the premises, all of which the
inspector directed to be taken from the premises, but took the
two he had seen used into his own'possession, and they were
produced in court. Mr. Rymer said that the present question
was one of great importance to the trade. The Inspector :
And also to the :public. Mr. Rymer admitted that it
was, and hoped the bench would decide the question. Tie then
raised a legal objection to the effect, that by the 21st section of
the act, publicans were allowed to use other than the imperial
measure, and it had not bean proved that the defendant had
sold it for any measure. Mr. Wybergh : It has been proved
that the men asked for a pint of ale, and it was measured in
these mugs. Mr. Rymer next argued that the act under
which the information was laid, was not intended to apply to
ale, as it stated " goods and other articles exposed for sale."
Now, in this case, ale was not exposed, as it was in the cellars.
Mr. Wybergh : But it was for sale. Mr. R)mer said, as the
objections be had urged had been overruled, he could only say
thethat
ptuhe bl de ed.fe n
H a
en t had never
had
pn
re
ased intendedthe
mugs tow commit nh
tihme i t
fulla fraud oi
impres-
sion that they each held anitmilpetthiaelypwinetr,eaenxdallniainded7bty the
slightest idea to the contrary, until
inspector. Ile also added that all the other measures on the
premises had been tried and found correct. Such being the
case, ho expressed a hope that the summons
would be dismissed. Mr. Rymer then took an
objection to the summons. He said they had been
summoned there for having in their possession " two mea-
sures," and contended that as those two mugs did not con-
tain a pint, they could not he measures, according to the
late act of parliament. Mr. Wybergh : But you used them
as measures. Mr. Rymer, in conclusion, again urged that
the defendant was ignorant of the circumstances, and never
intended to commit any fraud. The Magistrate : We do not
believe that the defendant knew of the error in the measure-
ment, or that he had the least intention of defrauding
the public ; therefore, we shall only fine him in the
mitigated penalty of one shilling, and one shilling costs. Had
we though, that it had been done intentionally, a much heavier
fine would have been levied. At the same time he wished to
state that it was illegal for publicans to have in use any
measures except those which had been tried, and found correct
by the authorities. The case excited considerable interest
amongst the licensed victuallers, a number of whom were

present