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§ 6.—LEGAL DECISIONS.
MILK. —Sale of—Registration of Purveyor—Registration in one District —
Sale of Milk from Barrow in another District— Contagious Diseases
(Animals) Act, 1878 (41 & 42 Vict., c. 74), s. 6. (1)— Dairies, Cowsheds,
and Milkshops Orders, 1885 and 1886.
Case stated on a summons taken out by the appellant against the respondent
for that he, on the 4th October, 1909, at F—Street, in the district of the
Borough Council of Marylebone, did unlawfully carry on the trade of a purveyor
of milk without being registered in the district of the local authority as required
by Section 6 (1) of the Dairies, Cowsheds, and Milkshops Order of 1885, as
amended by the Dairies, Cowsheds, and Milkshops Amending Order 1886. The
Dairies, Cowsheds, and Milkshops Order made under Section 34 of the Contagious
Diseases (Animals) Act, 1878, provided by Section 6 (1) as follows:— "It shall
not be lawful for any person to carry on in the district of any local authority
the trade of a cowkeeper, dairyman, or purveyor of milk unless he is registered
as such therein, in accordance with this article." But no special form of registration
is provided. By Section 9 of the Contagious Diseases (Animals) Act,
1886 (49 & 50 Vict., c. 32), the powers vested in the Privy Council by the
former Act of making orders were transferred to the Local Government Board
so far as regards England, and that Board, on the 1st November, 1886, made
an Order known as the Dairies, Cowsheds, and Milkshops Amended Order of
1886, Art. 3 whereof provides that if any person is guilty of an offence against
the order of 1885 he shall be liable to a penalty of £5. And by Art. 4 it is
provided that the expression "local authority" means (inter alia) "in the
metropolis (except the City of London and the liberties thereof) the Metropolitan
Board of Works." By the Local Government Act, 1888, the powers of the
Metropolitan Board of Works became vested in the London County Council,
and the London Government Act, 1899, enacted by Section 6 (4) as follows:—
" It shall be the duty each Borough Council to enforce within their Borongh the
By-laws and regulations for the time being in force with respect to dairies and
milk." It was admitted by the prosecution that the defendant was duly registered
as a purvey or of milk in the Borough of St. Pancras. On the 4th October,
1909, the defendant sold a pennyworth of milk from a churn carried on a hand
cart or barrow in F Street. F Street is in the Metropolitan Borough
of St. Marylebone, and not within the Metropolitan Borough of St. Pancras.
The sale of milk from such itinerant vehicles is one of the usual methods of
distributing milk to customers by purveyors of milk in the metropolis, and
such distribution is regulated by Section 9 of the Food and Drugs Act, 1899 (62
& 63 Vict., c. 51), which requires the seller to have his name and address
conspicuously inscribed on the vehicle or receptacle from which the milk is sold,
which was properly done in this instance. It was contended that the defendant
was shown to have carried on the trade of a purveyor of milk in the district of
the borough of Marylebone contrary to the provisions of Section 6 (1) of the
Dairies, Cowsheds, and Milkshops Order, 1885, by reason of the above-mentioned
sale. The magistrate was of opinion that the defendant was not shown to have
carried on the trade of a purveyor of milk in the district of the Borough of
Marylebone by reason of the sale in F Street from the itinerant handcart,
but that the place from which the cart and milk was dispatched and where