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142
By-Laws.
By-Laws were made during 1914 by the London County Council under
Sec. 9 of the London County Council (General Powers) Act, 1908, for
regulating the conduct of the businesses of a Vendor of Fried Fish and of a
Fish Curer, respectively. These are somewhat lengthy and it does not seem
necessary to set them out here.
LEGAL DECISIONS.
Anderson v. Buitcher.
12 L.G.R. 10.
(Before Darling, Avory and Atkin, J.J.)
Food—Trade description—Sugar —" Demerara "—Place of Origin-Generic
term—Article of the nature, substance and quality demanded—Sale of Food
add Drugs Act, 1875 (38 & 39 Vict., c. 63) s. 6.
The respondent was charged under section 6 of the Sale of Food and Drugs
Act, 1875, with selling a crystallised cane sugar grown in Mauritius as
"Demerara sugar." There was evidence that this sugar was equal in quality
to the best West Indian cane sugar that the public expect to buy under the
designation "Demerara sugar" without reference to its origin, and had
undergone the same application of an organic dye. The magistrate on his
dismissal of the summons, found as a fact that "Demerara sugar" had
become a term applicable to any sugar of the same substance, kind and colour
wherever produced.
Held, that since the magistrate had found upon the evidence before him
that "Demerara sugar" had become a generic term referring rather to the
process of colouring sugar with an organic dye than to the place where it
was grown, and that the sugar in question was Demerara sugar in every
respect except that it was not grown there, his decision must be affirmed.
Batchklour v. Gee.
12 L-G.R. 931.
(Before Avory, Rosvlatt and Shearman, J.J.)
Food—Adulteration—Cream mixed with boric acid—Sale to prejudice of
purchaser—Label on pot—Notice to purchaser — Sale of Food and Drugs Act,
1875 (38 & 39 Vict., c. 63), ss. 6, 8.
By section 8 of the Sale of Food and Drugs Act, 1875, "No person shall
"be guilty of any offence in respect of the sale of any
"article of food mixed with any matter not injurious to health
"if at the time of delivering of such articles he shall supply to the
"person receiving the same a notice by label written or printed on
"the said article to the effect that the same is mixed."
Held, that the words "shall supply to the person receiving the same a
"notice" means that the person selling must bring to the mind of the
purchaser the fact there is a label on the article sold; and that where a notice
by label is so affixed to a package or vessel that it cannot be seen or is not