View report page

129
Act, 1894, to draw any inferences of fact which might have been drawn by the
Quarter Sessions, and that the proper inference to be drawn from the facts was
that the appellants had proved that when they gave the warranty to J. they
had reason to believe that the statements therein were true, and were therefore
protected under sect. 20, sub-sect. 6, of the Sale of Food and Drugs Act, 1899.
KING'S BENCH DIVISION.
(Before Lord Alverstone, C.J., Channell and Avory, J.J.)
Ross v. Helm.
77 J. P. 13.
Sale of food and drugs—Whiskey—Prejudice of purchaser—Purchase bv
Inspector—Evidence of appointment—Necessity of proof of appointment
—Sale of Food and Drugs Act, 1875 (38 & 39 Vict. c. 63), s. 6.
On an information by the appellant, an Inspector under the Sale of Food
and Drugs Acts, against the respondent for selling to the prejudice of the
appellant whiskey which was not of the nature, substance, and quality demanded,
the appellant stated in evidence that he was an Inspector under the Food and
Drugs Act. After the close of the case for the prosecution, it was objected
that the appellant had not produced his appointment, and that it was necessary
for him to prove that he was a duly authorised officer. The Justices upheld
the objection and dismissed the information.
Held, that the case must be remitted to the Justices to be heard and determined,
per curiam on the ground that there was evidence before the Justices
that the appellant was an inspector, and, per Channell and Avory, J.J., on the
ground that it was not necessary for the appellant to prove that he was an
inspector, as the prosecution was under s. 6 of the Sale of Food and Drugs Act,
1875.
KING'S BENCH DIVISION.
(Before Ridley, Lord Colekidge, and Phillimore, J.J.)
Rex. Local Government Board; ex parte Arlidy.
77 J. P. 131.
Housing and Town Planning—Closing Order—Refusal to determine—Appeal
to Local Government Board—Right of appellant to be heard—Local
Government Board Act, 1871 (34& 35 Vict. c. 70), s. 5— Housing, Town
Planning, etc., Act, 1909 (9 Edw. 7, c. 44), ss. 17 (6), 39 (1).
By s. 17 (6) of the Housing, Town Planning, etc., Act, 1909, if a local
authority refuse to determine a closing order the owner may appeal to the
Local Government Board, and by s. 39 (1) on any such appeal the Board may
make such order in the matter as they think equitable.
Held, that the Local Government Board are not bound, before determining
an appeal, to hear the appellant personally.