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open to the magistrates to say that a person who did that had mixed with au
article of food an ingredient so as to render the article injurious to health,
with the intent that the same shall be sold in that state. I express no opinion
as to what the magistrates ought to decide in cases where notices have been
given that it is not to be taken by infants, by invalids or by children, or where
some other steps have been taken to protect, but it seems to me that, where
you have a sale of cream simpliciter, and this article given, it was open to the
magistrate to find, as a fact, that it was injurious to health within the section.
They have so found if, and I do not think, upon these facts, that it is open to
the appellants to say that the people to whom it was injurious were such a small
percentage that the magistrates' finding is bad in law. I think, therefore, this
aj)peal must be dismissed.
Darling, J., concurred with regret.
Sutton, J., thought the conviction was right, as the appellant sold cream and
not preserved cream.
EXTRACT FROM "PUBLIC HEALTH," NOVEMBER, 1908.
Pfcterrativrs hi Milk and Cream.—At the Kingston County Police Court, on
October 1st, Messrs. T. II. Moon & Son-, dairymen, of Surbiton, were summoned
for selling cream which was not of the nature, substance, and quality demanded,
being adulterated with boric acid to the extent of 0.27 per cent., or 19 grains
to the pound. Mr. G. C. Whiteley, barrister, said that the dairymen might
add a limited quantity of boric acid as a preservative, provided notice was
given to the purchaser of the fact. In this case no such notice was given,
and the general effect of the use of boric acid was that it enabled stale
cream to be sold to customers, who thought they were getting pure fresh
cream. Mr. Edward Ilincks, County Analyst, said boric acid was itself
injurious, and even a small quantity was deleterious to children and invalids.
The defence set up was one of warranty, and it was shown that the defendants
never used boric themselves. It was also contended by Mr. Sherwood, who
defended, that the quantity was too minute to be injurious. The Magistrate
imposed a penalty of £1 13s. 0d., including analyst's fee and costs. At the
same court Frank Hanson, dairyman, of Thames Ditton, was summoned for
selling milk containing boric acid to the extent of 2½ grains per pint, and ho
was fined £1 9s. 0d., including costs.