125
in the ease of Elliot v. Pilcher, which recognised a general or running
warranty as sufficient; Elliott r. Pilcher reversed a decision in a case of Harris
r. May, which required a specific warranty—on a label with each churn
delivered to the retailer—and now Elliot v. Pilcher is reversed and Harris r.
May revived. Mr. Ricketts said his client was badly injured by the judgment,
because when the offence for which he was now summoned occurred he was
protected by the warranty, and, though the warranty was still running, it was
abrogated by the law. Mr. C'lucr said he could only act 011 the judgment, and
on previous convictions being proved he fined Roberts £3, and 23s. costs.
Table: Summonses.—Under the Sale of Food and Drugs Acts.
Summonses.—Under the Sale of Food and Drugs Acts.
No. of Sample.
Article.
Result of Analysis.
Result of Proceedings.
Penalty.
Costs.
£
B.
d.
a
s.
d.
4
Butter
A sample of Margarine
2
0
0
0
12
6
C 8
Milk
Added Water 6 per cent.
0
10
0
0
12
6
C 24
Butter
A sample of Margarine
2
0
0
0
12
6
C 25
Milk
Abstraction of Milk Fat 12 per cent.
1
0
0
0
12
6
38
,, ,,
Added Water 26 per cent.
10
0
0
0
12
6
60
Green Peas
0-008 per cent. Copper. Equal to 2.2 grains per lb.
,, ,,
Crystallised Copper Sulphate
2
0
0
0
12
t>
C 51
Skim Milk
Added Water 13 per cent.
5
0
0
0
12
6
C 57
Butter
A sample of Margarine
2
0
0
0
12
6
C 58
Milk
Added Water 8 per cent.
1
0
0
0
12
6
C 66
„
7
Summons dismissed, there being a doubt as to whether the Milk was exposed for sale.
C 67
,, ,,
26 „
C 69
Butter
A sample of Margarine
2
0
0
0
12
6
88
Milk
Added Water 6 per cent.
Summons dismissed without costs, the Magistrate being of opinion that the Milk was consigned as given by the cow and not adulterated by the Defendant, notwithstanding the further analyses made by the Government Analyst at Somerset House, requested by the Magistrate, showed the sample to contain 8 per cent, added Water.
89
Milk
Added Water 6 per cent.
,,
,,
90
,, ,,
6
,,
,,
C 74
Butter
A sample of Margarine
5
0
0
0
12
6
C 99
Milk
Abstraction of Milk Fat 18 per cent.
_
0
14
6
C 104
,,
Added Water 22 per cent
2
0
0
1
4
0
C 107
,,
Abstraction of Milk Fat 11 per cent.
_
0
12
6
111
,,
Added Water 22 per cent.
0
10
0
0
12
6
128
Butter
A sample of Margarine
3
0
0
0
12
6
139
Milk
Added Water 7 per cent.
_
0
12
6
144
Coffee
Chicory 50 per cent.
0
10
0
0
12
6
151
Skim Milk
Added Water 53 per cent
0
10
0
0
12
6
154
Milk
Abstraction of Milk Fat 32 per cent.
Warranty defence. Summons withdrawn as Far mer who supplied Defen dant had been convicted of sending Milk to the Company.
