MR. J. ROWLANIDS (Finsbury, E.)asked the Secretary of State for the Home Department, Whether his attention has been called to the action of Mr. Barstow in the summons against the Civil Service Bread Company, Limited, heard at the Clerkenwell Police Court on July 6, when he imposed a fine of 5s. on the Company for selling bread without weighing it, and on July 13 dismissed a summons against the Company for the same offence, and mulcted the complainant in 10s. costs; and, whether he can state which of these decisions of the magistrate was in accordance with the law?
§ THE SECRETARY OF STATE (Mr. MATTHEWS) (Birmingham, E.)I have obtained a Report from the magistrate, who informs me that in the first case the defendants failed to prove their case, and he accordingly fined them. In the second case the magistrate, in the exercise of his discretion, considered that the defence was proved and that the summons was captious, and he dismissed it, as he had power to do. I am not a Court of Appeal from the decision of magistrates.