View report page

57
bearing upon a seizure recently made in my district. On the night
of November 30th, 392 tins containing lobster were seized in
Chrisp Street, Poplar. At the time of seizure fifteen tins were
opened on the barrow; 156 tins were also opened, but placed under
the barrow, and the remainder were unopened on the barrow. On
the barrow was exhibited a good-sized card stating, 'Fresh lobsters,
1½d. a tin; all bad ones changed.' The 392 tins were taken next
day (December 1st) before Mr. Dickinson, the Magistrate sitting at
the Thames Police Court, who requested that all the unopened ones
should be opened, and then he made the order for the contents of
the whole number seized to be destroyed. The owner was summoned
on December 7th for the exposure of the lobster. The
defendant's solicitor pleaded that the contents of the tins under the
barrow were not exposed for sale, but were placed there in order to
be destroyed, and that the contents of the only tins exposed for sale
were those of the fifteen opened ones on the barrow; and he argued
that so far as the unopened tins on the barrow were concerned the
defendant covered himself by exhibiting the notice, 'All bad ones
changed.' When I was giving my evidence I was asked: 'Did I see
these fifteen tins apart from all the other opened tins?' My answer
was in the negative, for when the Sanitary Inspector sent for me to go
to Poplar Police Station the fifteen opened tins were mixed with the
other opened ones taken from under the barrow; but I explained
that these fifteen opened tins could not have been good because
there was not one good tin among the whole number seized. The
defendant was fined £5 and 30s. costs. Now, Sirs, as I was unable
to pick out the fifteen tins, I feel certain that a conviction would not
have been obtained if the whole number of opened tins had not
been bad. This shows from the recent decision, in order to obtain
a conviction for exposure, the importance of keeping separate
at the time of seizure of tinned food any tins exposed on a barrow
or stall. This may seem a trivial point to write about, but I have
had some little experience in seizing tinned food in the streets,
and I may say the duty is not a pleasant one, especially in a crowded