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2. The Warranty defence is encouraging the operations of an
unscrupulous class of trader.
Fraudulent traders will never be wanting where the profits to
gained are sufficient to compensate for the risks run. And in no
class of offence is the defaulter so gently dealt with, considering
the effect of his fraud, as in offences under the Sale of Food and
Drugs Acts.
The profits to be obtained by the adulteration of foods are so
great, and the adulteration, in most cases, is so easily made, that
even periodical fines still leave a considerable margin of profit.
Knowing that in nearly all instances the production of a Warranty,
and in some cases an invoice only, enables the defendant to escape
justice, it is not surprising that this form of defence is on the
increase.
It may be objected that although the defendant produces a
Warranty in his defence, he is obliged in addition to prove to the
satisfaction of the Magistrate hearing the case, that he sold the
article in the same state as when he purchased it, and he believed
the article to be as represented. But experience has shown that the
defendant has no difficulty in producing some individual who is
adequate to the task of furnishing such proof.
3. There is increased cost and great waste of time and energy
on the part of public officers without any adequate return,
and there is a corresponding loss of protection to the public
against fraud.
It may be urged by some that the Milk and Dairies Act, 1914,
which is to come into operation in October of this year deals with
this question of Warranties and that probably some of its worst
objections have been met.
The Third Schedule to this Act contains certain amendments
to earlier enactments; but a consideration of these will, I am sure,