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APPENDIX.
REPORT AS TO THE EFFECT ON THE ADMINISTRATION OF
THE SALE OF FOOD AND DRUGS ACTS IN THE BOROUGH
BY THE USE OF WARRANTIES AS A MEANS OF DEFENCE
IN PROSECUTIONS FOR OFFENCES UNDER THESE ACTS.
Public Health Department,
Town Hall, Hackney, N.E.
25th May, 1915.
To the Chairman and Members
of the Public Health Committee.
Gentlemen,
In reporting on the above reference, I wish, in the first place
to bring to the notice of the Committee, certain parts of the Sale of
Food and Drugs Acts which legalise the use of Warranties for
offences under these Acts.
Sale of Food and Drugs Acts.
Section 25 Sale of Food and Drugs Act, 1875, provides that the
defendant shall be discharged if he prove that he bought the article
in the same state as sold and with a Warranty.
Section 25. "If the defendant in any prosecution under
this Act proves to the satisfaction of the Justices or Court that
he had purchased the article in question as the same in nature,
substance and quality as that demanded of him by the
prosecutor, and with a written warranty to that effect, that he
had no reason to believe at the time when he sold it that the
article was otherwise, and that he sold it in the same state as
when he purchased it, he shall be discharged from the prosecution,
but shall be liable to pay the costs incurred by the
prosecutor, unless he shall have given due notice to him that
he will rely on the above defence."