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82
Proceedings were taken in 13 of these cases and in one
other case for exposing margarine for sale unlabelled. These
proceedings resulted in fines and costs being imposed in 9
cases; in one case a warranty was proved to the satisfaction
of the Court; in one case the summons was withdrawn on
payment of the costs; in one case a conviction was recorded
and the defendant bound over for three months to come up
for judgment if called upon (in this case neither penalty nor
costs was awarded); and in one case the summons had to be
withdrawn as the bottle containing the third portion of the
sample had burst.
The inadequacy of the amount of fines generally imposed
for these offences is very marked, and in some cases tends
actually to deter Local Authorities from putting these Acts
into operation. In illustration of which it may be pointed
out that in one of these cases, namely, that of selling as
butter a sample containing 50 per cent. of margarine, the
actual out-of-pocket expenses of this Council in the matter
came to 22s., not to mention the time of the officers who were
also concerned in both taking the sample and appearance
at Court; and, although the case was definitely proved and
the defendant convicted, yet only 5s. costs was allowed. A
further and more glaring case still is that where the defendant
was summoned for addition of 9 per cent. water to milk. In
this case the matter was adjourned at the request of the
defendant; they also called in question the Analyst's figures,
necessitating the appearance of the Analyst at Court; in
addition to this the Court themselves directed that an
independent Public Analyst should be asked to give evidence
in the matter, which, altogether, occasioned an expenditure of
£8 9s. on out-of-pocket expenses only, again taking no note
of the time taken up by the Staff in dealing with (he matter.
The defendant was eventually convicted, and a penalty of
20s. and 23s. for costs was imposed.