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Samples taken by Inspector Chuter :—
Milk : 31 samples. Genuine, 29. Adulterated, 2.
Butter : 5 samples. Genuine, all. Adulterated, nil.
Samples taken by Inspector Lawrence :—
Milk : 48 samples. Genuine, 41. Adulterated, 7.
Butter : 6 samples. Genuine, all. Adulterated, nil.
In only three of the cases of adulterated samples taken by
Inspector Lawrence were proceedings taken. Of the remaining
four, in two cases the amount of adulteration certified by the
Analyst was small, and it was not considered advisable to
take proceedings, and in the other two a disclosure was made
at the time of purchase that the article was " skimmed milk."
Two of the prosecutions for adulteration in connection with
these cases were for the addition of boric acid.
A warranty defence was relied on in five cases, and in two
of these proved successful, and the summonses were dismissed.
In the remaining three cases the warranty was held by the
magistrate not to be valid. In one of these, heard before Mr.
Plowden, the learned magistrate said that the warranty was
not in order, but at the same time he did not think the
defendant had tampered with the milk, and simply ordered
him to pay the costs, amounting to 12s. 6d.
In the two other cases, one relating to a sample of butter
and the other to a sample of milk, taken in the same shop, a
warranty was relied on for the defence in each case. With
respect to the butter sample, the magistrate (Mr. Garrett) was
" not satisfied that the sample was not served from the same
bulk as that stated in the warranty invoice." With respect
to the milk sample, it was shown that there were two deliveries,
the first at 5 a.m., and the second at 12 noon. The carman's
book was signed for both deliveries at the midday delivery.
The sample which was the subject of the proceeding was taken
from the morning delivery. The Council's Solicitor pointed out
to the Court that there was nothing to connect the early
delivery, from which the sample was taken, with the contract.
The learned magistrate upheld this view of the case, and the