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91
Act is not to be undone, adequate fines must be imposed
when convictions are obtained.
Difficulties of various kinds are arising in the way of
the carrying out of the Act by the local authorities, as I
pointed out in my Report for the Quarter ending Christmas
1877.
"Two very important decisions have been made lately in
adulteration cases."
"The High Court of Justiciary in Edinburgh has decided
in an appeal case that it is necessary for a conviction, under
the 6th Section of the Act, that the article adulterated
should be proved to have been sold ' to the prejudice of the
purchaser;' that this is not the case when the article is
purchased under compulsory power by a public officer; and
that the power of compulsory purchase given by Section 15
was only given with a view to prosecutions under Sections 3
and 5 for adulterations injurious to health."
"This decision, which ' altogether forbids a conviction
against adulterations simply with water or other harmless
substance, no matter how far it is carried, at all events if
the purchase be compulsory and be made by a public
officer,' does not, of course, hold good in England, but it
will no doubt be quoted as a precedent and much increase
the difficulties in the way of obtaining convictions."*
"In the other case, one of the Metropolitan magistrates
dismissed a case, with costs, because the defendant produced
in Court a Warranty given him by the wholesale dealer;
although the Clerk of the Local Authority asked him to
grant a conviction on the facts, so that the wholesale dealer
might be proceeded against."
"It is clear that the Inspector or purchaser cannot know
*N.B.— The above decision has since been upheld in the Court of
Queen's Bench, and a Bill to amend the Act has been introduced into
Parliament.