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49
After a lengthy hearing, during which expert evidence was
heard, the Court dismissed the summons on the ground that all
the ingredients usually found in British wines were found in this
particular article, and was, from the commercial point of view,
what the consumer expected to get.
The Merchandise Marks Act, 1926, and Orders made thereunder.
The Merchandise Marks (Imported Goods) No. 3 Order.
Part II of this Order, which deals with imported fresh apples,
came into operation in November, 1928.
Part I, relating to the sale of imported honey, became operative
as from the 14th day of January, 1929.
The Act provides that the indication of origin shall be printed,
stencilled, stamped or branded on the container, or on a label
securely attached thereto, in letters l-12th of an inch in height
if the greatest dimension of the package does not exceed 6 inches,
and not less than 1/8th of an inch in height if the greatest dimension
exceeds 6 inches.
The form of indication of origin in the case of blends or
mixtures containing imported honey shall be either—
(a) Honey derived entirely from countries within the Empire,
the word "Empire"; if derived entirely from foreign countries,
the word "Foreign"; or
(b) A definite indication of all the countries of origin of the
honeys forming the blend or mixture; or
(c) The words "blended imported."
A sample of honey forming part of a quantity exposed for
sale, without any indication of origin, was purchased for analysis
under this Order.
From enquiries made after the sample was procured it transpired
that the article was the produce of the United States of
America.
Sub-Section 5 of Section 5 of the Act provides:—
"A person shall not be treated as being guilty by virtue of
this Section of an offence against the principal Act if he proves—
(a) That having taken all reasonable precautions against
committing such an offence, he had at the time of commission
of the alleged offence no reason to suspect that
the goods were goods to which this Act or an Order in
Council made thereunder applied, and that on a demand
made by or on behalf of the prosecutor he gave all the
information in his power with respect to the persons from
whom he obtained the goods; or
(b) That otherwise he had acted innocently.
The vendor having furnished the Council's officers with the
name and address of the wholesale firm, in view of the terms of
d