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90
In 1908 the percentage of adulterated samples was considerably
below that in either of the two preceding years, but it was
higher than in the years 1004-5. The drop is probably due to
some extent to the increase in the total number of samples taken.

Legal proceedings in respect of adulteration were instituted
in 14 cases, and in 4 cases the vendors were cautioned. In 9 of the
14 prosecutions the defendants were convicted, and in 5 cases the
summons was dismissed. In 3 of these 5 cases a conviction was
not obtained because the defendants were successful in raising the
warranty defence. In another case the identity of the defendant
(a Bank Holiday itinerant milk seller) was a matter of some doubt,
and the Bench decided to give him the benefit of the doubt and
dismissed the summons. In the remaining unsuccessful prosecution
the defendants were summoned for selling distilled water
containing 5½ grains of extraneous matter per gallon, the
extraneous matter consisting of carbonate of lime and dirt, and
the summons was dismissed because the Bench had some doubt
as to how the extraneous matter had got into the water.
One prosecution had reference to a sample of milk deficient in
fat to the extent of 42 per cent., which was sold from a refreshment
tent erected on the Heath on Whit Monday by a philanthropic