View report page

123
Act is being committed, and to examine and take samples for the purpose of
analysis of any flock found on the premises. But where a sample is taken the
occupier of the premises is at liberty to require the officer taking the sample to
divide it into two parts and to mark, seal, and to deliver to the occupier one
part. A person who wilfully obstructs any officer in the execution of his
powers as above-mentioned will render himself liable on summary conviction to a
tine not exceeding five pounds (section 1 (5)).
Proceedings against Offenders.
In connection with proceedings against offenders it should be noted that
where a person is charged with having flock in his possession in contravention
of the Act, any flock proved in the proceedings to have been found in his
possession is to be deemed to be intended for sale or for use in the manufacture
of such articles as above-mentioned, unless the contrary is proved
(section 1 (4)).
It may be further pointed out that in the proceedings it will be open to any
person, who is proved to have committed an offence, to show that he (1) purchased
the flock in respect of which the offence was committed from a person
resident within the United Kingdom who sold the flock under a warranty that
it complied with the prescribed standard of cleanliness, and further (2) took
reasonable steps to ascertain, and did in fact believe in, the accuracy of the
statement contained in the warranty. In such a case the person charged will
be entitled upon an information laid by him to have the person who gave the
warranty brought before the Court and that person may be summarily convicted
of the offence in question, and if so convicted may be made liable, in the
discretion of the Court, to pay any costs incidental to the proceedings, and the
person originally charged is to be exempt from any fine (section 1 (3) ).
Expenses.
The expenses of the Council under the Act are to be defrayed as part of the
•expenses incurred by the Council in the execution of the Public Health
(London) Act, 1891 (section 1 (6) (b) ).
Application of Penalties.
All fines imposed in any proceedings instituted by the Council in pursuance
of their powers and duties under the Act are to be paid to the Council and
carried to the credit of the fund out of which the expenses incurred by them
under the Act are defrayed (section 1 (7)).
Indi cation (Administrative Provisions) Act, 1911.
(1 & 2 Geo. 5. Ch. 32).
Exemption of School Buildings from Builiing By-laws where plans approved
by Board of Education. 38 & 39 Vict. c. 55.
3. The provision of any by-laws made by any local authority under
section one hundred and fifty-seven of the Public Health Act, 1875, as
amended by any other Act, with respect to new buildings (including provisions
as to the giving of notices and deposit of plans and sections), and any provisions