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which were found, on analysis, to contain 14.2 per cent.
and 10.35 per cent. respectively of added water, was convicted
and fined £20 and £3 costs.
Milk sampling was carried out on 19 Sundays during the
year, and 96 samples were purchased for purposes of analysis
on these occasions.
Samples of milk in course of delivery to the retailers to
the number of 76 ware taken during the year. The bulk of
these samples were taken at Clapham Junction railway station.
Twenty-three samples of milk were taken in course of
delivery to public elementary schools in the Borough.
Warranty Defence.
Warranty as a defence was pleaded in connection with
proceedings under the Sale of Food and Drugs Acts on eight
occasions, and was successful in four of the cases. In one
case the Magistrate was not satisfied, and the defendant was
convicted and fined £2 and £1 Is. costs. In the remaining
three cases the proceedings are still pending.
In connection with proceedings under the Sale of Food
and Drugs Acts, taken by the Wandsworth Borough Council,
the Magistrate (Mr. Bankes, K.C.) referred to a similar case
previously heard by him at the instance of the Battersea
Council, in which he convicted the defendants, which conviction
was reversed on appeal. The remarks of the Magistrate
are of interest, and are set out hereunder: —
I must dismiss this case. In a similar case to this I
convicted, and the Sessions said I was wrong. The
consequences to London are serious.
Pure milk is of the utmost importance to all, particularly
to children. They will not get it whilst things
remain as they are.
The farmer in the country warrants that his milk will
arrive pure in London. He cannot, of course, see to it
or control it. He cannot be convicted if he sends it off
all right; that is the decision of the Sessions. The
retailer cannot be convicted if he sells it as he receives it.
The result is, milk with 50 per cent, of water may be sold
and no conviction follow.
I thought if the farmer warranted that which he could
not perform he should be convicted, but the Sessions say
he cannot be. If so, the position is hopeless, and the
matter requires legislation. In my opinion, the Borough