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184
a summons, but the magistrate, who was consulted,
would not allow of any such proceeding, and we were
compelled to act legally. And again, although the
summons was, with Mr. Marsden's full consent,
dismissed, it was with the following remarks :
Mr. Benson said:—"My opinion is, that the
Act of Parliament throws the onus of bringing these
cases before the magistrate on the Sanitary Inspector,
without the intervention of the Vestry, who had no
right to control him, or divert him from the
performance of his duties. The Sanitary Inspector
was justified in bringing all cases before the Court,
where he finds any adulteration of food. I think that
Vestries who failed to do their duty, by preventing
the Officers from carrying out the Act of Parliament,
were not entitled to much respect from the Court,
and all those who performed these onerous duties
should have his assistance at all times." "Of all the
cases of adulteration, I advise the authorities to look
after the venders of cheap Sweets, as there cannot be
any doubt that, in a great measure they are
adulterated. In dismissing the summons, I must say
that the Sanitary Inspector was fully justified in
bringing this case under the notice of the Court."