S at the doing thereof, is guilty of the misdemeanor, and not any other person.

Rev Stat Can, chap 164, s 76 The Rev, Stat Can, chap 104, contains the law as to weights and measures Under this Act numerous penalties are imposed for different offences Section 25 creates a penalty for having false or unjust weights scales or measures ; section 27, for making or selling the same, and section 29 imposes a penalty for using unstamped weights or measures Under section 63 penalties, if under $50, are recoverable before one Justice, and if over $50, before two Justices of the Peace for the District, County, or place in which the offence is committed, and the provisions of the " Act Respecting Summary Proceedings before Justices of the Peace," (Rev Stat Can, chap 178), shall, subject to the provisions of the Act, apply to all proceedings thereundeR Under section 31 of this Act, the offender is made liable to imprisonment for a subsequent offence, and this is the only instance in the Act where an offender is made liable to imprison- ment.

R V Dunning, 14 Ont R, 55 But this seems of little importance, as the 63rd section of the Act incorporates the provisions of the Rev Stat Can, chap 178, and under the 67th section of the latter Act, in default of suffi- cient distress, there may be an award of imprisonment.

Earthenware vessels unstamped, but erdinarily used as con- taining a certain quantity according to Imperial measure, are " measures ; " and if found unjust are liable to be seized, and the dealer, on whose premises they are found, is liable to penalties under the Act, for having them in his possession.

Washington v Young, 5Ex, 4U3 ; R V Oulton, 3 E &E, 568 They are not deemed unjust if against the seller himself.