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11
(7.) The case of successive warranties has not been provided for
in the Acts. In Mr. Cunningham Glen's opinion, proceedings can
only be taken against the farmer, who has given a false warranty to
the middleman, if the churn or churns forming the consignment of
milk had labels attached, and if these labels are held to amount to
warranties in writing. It follows from this opinion that whilst the
middleman can rely upon a general warranty of anterior date from the
farmer as evidence of his bona fides, no proceedings are possible
against the farmer if he sends his churns to the middleman without
labels attached that could in any way be construed as warranties.
The retail dealer who deals direct with the farmer would be protected
in the same way, whilst there would be no case against the farmer if
he sent his churns to the retailer without labels.
(8.) Proceedings against a farmer for giving a false warranty may
have to be taken in the country at a distance from London, involving
possibly several hours railway travelling and very considerable
expense.
(9.) In all proceedings for giving false warranties in writing it is
necessary to call the Public Analyst as a witness, a process involving
expense, when the Analyst's salary does not include fees for personal
attendance in court.
In conclusion, the system of defence under warranties is very seriously
weakening the powers of local authorities in safeguarding the public from
adulterated milk ; and it is becoming more and more evident that nothing
less than the total abolition of the warranty clauses from the Acts will be
effectual in restoring those powers to check adulteration which the Acts
were intended to convey. The public protection can only be secured by
rendering the actual seller to the public liable for what he sells. If the
retailer is protected by a warranty, he should be able to recover by some
simple civil process from the warrantor the amount of any fines, penalties, and
costs he has incurred by reason of a false warranty; but it is contrary to
public policy that the public should be concerned in the obligations entered
into between individual traders for the protection of their own interests.
Nothing more effectual to increase the efficiency of the Acts and to
prevent fraudulent adulteration could be designed than the simple repeal
of the warranty clauses, with the insertion of such powers to consignees to
recover costs after conviction from the warrantors as justice dictates.
Other Public Health Authorities are experiencing the same difficulty,
and there is a general impression that unless the law is amended it
is almost useless taking samples of milk.