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legal proceedings. 77
Of the difficulties in the admistration of the Acts arising from the warranty provisions,
it is unnecessary to say much, as the question has been dealt with elsewhere on many
occasions. It is a common occurrencc to be met with a notice of warranty with reference
to an adulterated sample when the vendor has already been successfully prosecuted. It would
seem as if certain vendors rely on the protection of the warranty as a cover to adulteration,
and not as a security against it. It is exceedingly difficult to prove practices which are more
than suspected, as all the witnesses are interested in upholding the defence of the vendor
of the sample. Occasionally the case is "given away" by a discharged employee, and not
uncommonly information is forthcoming, after the case is over, which would have entirely
upset the warranty defence. As regards the milk trade (and it is in that trade that the
warranty defence is most used) the warranty provisions practically stultify the rest of the
Acts. The honest traders—happily in the majority—suffer from the mischievous practices
of the other class, who are able to undersell them almost with impunity, while the children
and sick who get their supply from this class of dealer, are robbed of their nourishment, and
pay a really exorbitant price for the impoverished milk sold.
The recommendations of the Departmental Committee on Preservatives are still in the
pigeon-hole. An interesting Appeal case (Hull v. Horsncll) was heard in November of last
year, bearing on this question. The appeal was against a conviction, under Section 3, of the
Act of 1875, for selling preserved peas containing 1.87 grs. of sulphate of copper per pound.
Shortly put, the result of the appeal was to uphold the decision of the Magistrates, that peas
containing that amount of copper sulphate were injurious to health.
Office Work.
The work of the Clerical Staff is not of a nature to be reduced to a statistical record,
but the following figures will indicate a small part of the work accomplished during the
year:—
Letters received 3,234 Complaints received and entered - 800
„ despatched - - - 1,632 Plans received and entered - 408
Entries in postage book - - 6,908 New entries in Journals - - 1,263
Cases of infectious disease, notified
and entered in Registe 974
Orders of disinfection (duplicate) - 1,429
Ditto forwarded to Metropolitan 974 Notices for abatement of nuisances,
Asylums Board and Guardians &c., issued
Notices of Infectious sickness to
schools, library, &c. 28,04
LEGAL PROCEEDINGS.
Summaries of the results of cases heard during the year are given in the appended
tabular statements. The total amount of fines and costs was £163 9s. 0d., as compared with
£1(53 12s. fid. in 1903, £208 5s. fid. in 1902, and £179 9s. in 1901. Dividing the cases into
two groups, (a) under Health Legislation, and (b) Adulteration Legislation, the amounts for
the four years were:—
Health Cases. Adulteration Cases.
£ s. d. £ s. d.
1904 *62 6 6 101 2 6
1903 63 6 0 100 6 6
1902 32 19 0 175 6 6
1901 40 16 0 138 13 0
The average fine and costs in the adulteration cases were £2 15s. 2d. and £1 5s. Sd.
respectively.
* £7 18s. could not be collected owing to death of defendant, and in another case the fine (£2) was remitted,
he work having been carried out within the time specified by the Magistrate.