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course, properly proved. The Magistrate dismissed the summons, but
consented to state a case for the High Court if desired.
The Council did not proceed to the High Court, but called the
attention of the Local Government Board to the matter, and also
addressed a letter to the defendant calling attention to the fact that by
mixing milk supplied by different farmers in respect of which warranties
are given, the Council may be prevented from taking action against the
warrantors, and informing him that in the event of a further sample of
mixed milk being purchased of him, under similar conditions, and found
to be adulterated, the circumstances of this letter having been sent to him
would be brought up as evidence against him in any proceeding which
the Council may think fit to institute in the matter.
Sterilised Milk.—Two bottles of milk alleged to be sterilised were
purchased unofficially, and submitted to Mr. C. L. Cribb, one of the
Analysts, who submitted them to bacteriological examination as well as
to chemical analysis. His report was to the effect that one of the
samples contained 10 per cent, of added water, and at least 180,000,000
organisms per cubic centimetre, and was not sterile; that the other
sample was not sterile, containing 3,240 organisms per cubic centimetre.
Instructions were given to take other samples, but it was found that
the sale had been given up for the winter.
A number of milkmen were cautioned for selling milk from barrows
and cans without the name of the seller being inscribed thereon.
When a milk business changes hands the purchaser is apt to forget to
have the inscriptions altered. A reasonable time after giving the
caution further proceedings would take place if the caution were not
attended to. Three such prosecutions took place, one man being the
defendant on two occasions.
Margarine.—A Divisional Court, consisting of the Lord Chief Justice,
with Justices Kennedy and Phillimore (July 11th, 1904), decided in a
Westminster case (McNair v. Horan) that an open tub of margarine
exposed in a shop, from which tub margarine is scooped out and sold, is
a package within the meaning of Section 6 of the Margarine Act, 1887,
and should be branded or marked with the word " margarine."
Spirits and Wines.—As with milk so with spirits, especially brandy,
the execution of the Acts is prevented in this instance by means of an
ingenious label which states that the article is not guaranteed to be
derived from grapes. In four out of ten cases the Council was
successful in obtaining a conviction.