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sale was unable to prove a warranty and he was fined £2 with £10 10s. Od.
costs. It was contended for the wholesaler that no sample had been taken
from him and he had not received any portion of any sample taken. The
magistrate dismissed this summons with £10 10s. 0d. costs against the
Council.
Article 7 of the Preservative Regulations states that "the authority
may, instead of or in addition to taking proceedings against the seller, take
proceedings against any previous seller of the article notwithstanding that
the sale by such previous seller took place outside the district of the authority."
The Council appealed against the decision of the magistrate. The Court
held that Article 6 relating to the division of the sample applied only to samples
taken where articles of food were actually manufactured and not to proceedings
taken under Article 7 against a previous seller, that Article 7 referred to
"the article," it was a case where a sample had already been taken and
analysed and the previous seller was in no worse position than the giver of
a warranty under the Food and Drugs Acts. The appeal was allowed with
costs, and instructions were given to convict. The wholesaler was later
fined £1 with £5 5s. Od. costs.
Out of 13 samples analysed 1 was adulterated.
A 29 (Informal). Supplied in a carton labelled "Finest White
Pepper. Consisted entirely of black pepper.
Pepper.
A further sample purchased formally as "White pepper" from the
same vendor consisted of genuine white pepper.
4 samples were examined. 2 of these were adulterated.
Minced Meat
X 15 (Informal). Contained 24 parts sulphur dioxide per million.
X 26 (Same vendor as X 15). Contained 260 parts sulphur dioxide
per million.
Vendor fined £2 with £1 1s. 0d. costs.
Out of 11 samples analysed 4 were below the legal minimum of 65 per
cent, proof spirit.
Spirits.
A 89 (Informal). Contained 2.5 per cent. excess water.
M 81 (Same vendor as A 89). Contained 3.1 per cent. excess water.
Vendor cautioned.
A 90 (Informal). Contained 4.3 per cent. excess water.
M 80 (Same vendor as A 90). Contained 7.5 per cent. excess water.
Vendor fined £5.