[Report of the Medical Officer of Health for Westminster, City of] page 89

City of Westminster 1907

[Report of the Medical Officer of Health for Westminster, City of]

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Table: Legal Proceedings' Under the Food and Drug Acts during1907.

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Legal Proceedings' Under the Food and Drug Acts during1907.

No. of Sample.	Date of Hearing.	Court and Magistrate.	Name and Address of Defendant.	Offence.	Result.
1	2	3	4	5	6
	1907.	MILK (Including Refusal to Sell and want of Name on Can).
78 N.	21st February	Marlborough Street (Mr. Horace Smith)	David Pearce, 22, Lexington Street	9 per cent. of fat abstracted	Warranty proved. Summons dismissed.
113 S.	22nd March	Westminster (Mr. Curtis Bennett)	John Button, 8, Rochester Row, S.W.	8 per cent. of fat abstracted	Having regard to the defendant's previous good character, the Magistrate inflicted no fine, but ordered him to pay £1 13s. 6d. costs.
167 N.	11th April	Marlborough Street (Mr. Kennedy)	Dominie Orsi, 1, Whitehorse Street, W.	50 per cent. of fat abstracted,.	Fined £1 and 12s. 6d. costs.
142 S.	12th April	Westminster (Mr. Curtis Bennett)	Mrs. Loveday, 7, Aylesford Street	6 per cent. of added water	The defendant stated to be dying. Summons withdrawn.
150 S.	12th April	Westminster (Mr. Curtis Bennett)	Spiers and Pond, Ltd., 35-38, New Bridge Street, Black-friars	Selling milk at Victoria Station Refreshment Room with 10 per cent. of original fat abstracted	Summons dismissed on account of warranty.
The defendants raised two defences, firstly, that the usual notices were displayed in a position perfectly visible to the Inspector, and that he was also served in a glass containing the usual notice that the milk was not guaranteed; and secondly that there was a warranty on which they relied. The defendants' witnesses admitted that the milk had not been stirred, and stated that they never did stir it. The City Solicitors contended that, the warranty was valueless as the defendants, on their own admission, had not sold the milk in the same state as they purchased it, having, by their neglect, skimmed it in favour of the earlier customers; but the Magistrate, however, held the warranty a protection, and said the defendants were not bound to stir the milk.
204 N.	2nd May	Marlborough Street (Mr. Denman)	Charles Golden, 43, Lexington Street	8 per cent. of fat abstracted	Fined £1 and 12s. 6d. costs.
211 N	2nd May	Marlborough Street (Mr. Denman)	Atanasio D'alessandri, 393, Oxford Street	Warm milk, 27 per cent. of fat abstracted	Fined £3 and 12s.6d. costs.
243 N.	6th May	Bow Street (Mr. Marsham)	Dairy Supply Co., Ltd., 29, Museum Street	Sample of milk taken in course of delivery at the Charing Cross Hospital on the 25th March, 1907; contained 11 per cent. of added water	Warranty proved. Summons dismissed.