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(d.) That the sample should be divided on all occasions into four
parts, one to be given to the vendor, one to the public analyst, and two to be
retained by the local authority for future use, if required
(e.) That the retailer should notify the local authority within teven days
of service of summons of his intention to rely on the warranty of the wholesale
vendor ; and that the invoice of the wholesale vendor, if established in
the United Kingdom, should be deemed a warranty. In such case one of the
reserved portions of the sample should be forwarded to the wholesale vendor,
and a summons be issued forthwith against him, returnable on the same day
as the summons against the retailer. In the event of the retailer proving
that he sold the sample in the same state as he received it from the wholesale
vendor, the summons should be dismissed against the retailer and the
wholesale vendor bear the costs of the prosecution of the retailer as well as
his own. On the other hand, should the summons against the wholesale
vendor be dismissed, and the retailer be convicted, the latter should pay the
costs of the proceedings against the former. No defence to stand with respect
of a warranty on the part of any wholesale or retail vendor not established
within the United Kingdom.
(f.) That a minimum fine should be prescribed for the second offence,
and imprisonment without the option of a fine, at the discretion of the
magistrate, to be prescribed for third and subsequent offences.
(g.) That all convictions, subsequent to the first, whether for the same
form of adulteration or otherwise, should be advertised by the defendant in
such papers and on so many occasions as the Court may direct at the expense
of the defendant, the Court to have the power to direct the local authority to
insert the advertisements and to recover the expenses from the defendant.