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take the sample at an early stage. 1 quite agree if this particular point
had been thought of it probably might have been desirable—certainly
with reference to a place like London—to deal with the common case of
milk coming up by rail, the delivery being at the railway station, and
then going to be used in some other part of London than the particular
area in which the railway station is placed or happens to be ; but I
think, having regard to the previous legislation and the obligation which
previously existed on the Inspectors to act locally, if it had been
intended to give the Inspector of one district power to take compulsory
samples in another district, other language is required to give them that
power. I think we cannot say that by the mere use of the words "place of delivery "in Section 3 power is implied to be given to an
Inspector to go to any place of delivery under a contract, whether it is
within his district or not. Therefore I come to the conclusion, somewhat
reluctantly, having regard to the consequences in this particular
case, that the decision of the Magistrate was right. Of course, it is
plain that if the Inspectors do their duty, on information being given to
the Inspector of St. Pancras he will no doubt act, and there is that practical
remedy against the consequence of our decision preventing the
Act being put in force.
" 'The ground of our decision is that it would require special language
to give the Inspector power to act compulsorily outside his district, and
I do not think the words of Section 3 are sufficient by the mere introduction
of the words "place of delivery, " as we can see an object for
those words being inserted without holding that they are necessarily to
imply that he was to act outside his district. Therefore I think the
decision of the Magistrate was right and the appeal must be disallowed.'
" It will be seen that the Lord Chief Justice stated that he came to
this conclusion somewhat reluctantly, and hoped the decision would not
retard the operation of the Act.
" This is a point on which a strong representation might be made to
the proper authority, with a view of so altering the law that it would
enable the Inspector to go to the place of delivery (if such place is
outside his district) and take samples of any milk or foodstuffs
consigned to and to lie sold within his district. Milk dealers have
considerable difficulty in getting samples taken at the railway station
by the Local Authority, and it is obvious that other authorities are not
interested in articles of food merely passing through their district to be
consumed in another; therefore the Inspector should be armed with
such powers as would enable him to protect the inhabitants of his
district by getting at the very fountain head of adulteration. Milk
especially, owing to the extremely low standard fixed by the Board of