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really a narrow one, namely—what were the extended powers given to
Inspectors under Section 3 of the Act of 1879 ? The previous legislation
may be summarised very briefly. The Analysts undoubtedly were
intended to act locally, and the Inspectors were certainly intended to act
locally, because any person who is authorised to act in the place of a
person charged with the duty of administering the Act is to get
authority from his superiors so to act—the Police Constable or the
Inspector of Nuisances, and so on—in the particular district where there
may not be a person actually charged with the administration of the
Act, therefore, I think all the earlier legislation points to the local action
of the Inspector and of the Analyst. The 13th Section did at first strike
me as indicating that the Inspector might act outside his district,
because he was told to take it to the Analyst of the district for which he
acts, but I think I was probably wrong, and that I drew an incorrect
inference from that argument.
" 'I think that section was also required for the purpose that my
Brother has pointed out—that he is allowed to go there, but is to go for
another Analyst if there is no Analyst to that place. It is quite clear
that Section 3 of the Act of 1879 does give important increased powers
to the Inspectors.
" 'Previously there must have been a sale, and the person must have
taken a sample at a time when a sale was going on, or at the place of
sale, or contemplated sale.
" 'Now, the Inspector is allowed to procure, at the place of delivery, a
sample of any milk in course of delivery to the purchaser or consignee
in pursuance of any contract of sale to such purchaser or consignee of
such milk. I must say that I am not pressed by the extravagant
suggestions made by Mr. Morton Smith as to what the consequences of
the construction contended for by Mr. Horace Avory would be, because
it seems to me that there are words which would limit any extravagant
or improper act of the Inspector. There are the words that he is to take
a sample of milk which is in course of delivery to the purchaser or consignee
in pursuance of any contract of sale to such purchaser, and even
if we assume, as I do assume, the intention was that the Inspector should
act with respect to milk that was either being sold in Westminster, or
was going to be sold in Westminster, then those are words which would
limit the possibility of the Inspector going to inspect any milk on some
allegation that it might some day be sold in Westminster, or was coming
to London. But I think Section 3 was necessary in the districts in
which the inspectors were acting in order to get over the necessity of
the sample being taken at the place of sale. Accordingly the words "at
the place of delivery in course of delivery to the purchaser "are
necessary and desirable in order to enable the Inspector of the district to