RYAN, J.
The defendant, Arthur DeClerk, was convicted in the Recorder's Court for the City of Detroit of a violation of § 31(e) of the Weights and Measures Act of 1964, MCLA 290.631(e); MSA 12.1081(31)(e).
The specific portion of the act under which he was charged and convicted by the court sitting without a jury provides:
"Any person who, by himself or by his servant or agent, or as the servant or agent of another person, performs any of the...
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