"The justices before whom any complaint may be made, or the court before whom any appeal may be heard under this act, may, upon the request of either party, in their discretion cause any article of food, or drugs, to be sent to the Commissioners of Inland Revenue, who shall thereupon direct the chemical officers of their department at Somerset House to make the analysis, and give a certificate to such justices of the result of the analysis; and the expense of such analysis shall be paid by the complainant or the defendant, as the justices may by order direct."

In any Prosecution the Defendant to prove that he is protected by Exception or Provision.] By sect. 24, "In any prosecution under this act, where the fact of an article having been sold in a mixed state has been proved, if the defendant shall desire to rely upon any exception or provision contained in this act, it shall be incumbent upon him to prove the same.

Defendant to be discharged if he prove that he bought the Article in the same State as sold, and with a Warranty.] By sect. 25, "If the defendant in any prosecution under this act prove to the satisfaction of the justices or court that he had purchased the articles in question as the same in nature, substance and quality as that demanded of him by the prosecutor, and with a written warranty to that effect, that he had no reason to believe at the time when he sold it that the article was otherwise, and that he sold it in the same state as when he purchased it, he shall be discharged from the prosecution."

An invoice containing a description of an article sold to a retail dealer is not such a written warranty as is required by sect. 25 of the 38 & 39 Vict. c. 63; and a retail dealer who sells an adulterated article in the same state as he purchased it will not, by virtue of such a document, be entitled to discharge on being summoned before a magistrate. Rook v. Hopley, 42 J. P. 551.

Costs to be paid by Defendant in the above Case.]-"But shall be liable to pay the costs incurred by the prosecutor, unless he shall have given due notice to him that he will rely upon the above defence."

O.S.

VOL. I.

U

SYNOPSIS OF OFFENCES.

Statute.

ADULTERATION OF FOOD AND DRUGS-continued.

8. Refusing to sell an Article to an Officer for Analysis.] If any such officer, inspector or constable, as above described, shall apply to purchase any article of food or any drug exposed to sale on any premises or in any shop or stores, and shall tender the price for the quantity which he shall require for the purpose of analysis, not being more than shall be reasonably requisite, and the person exposing the same for sale shall refuse to sell the same to such officer, inspector or constable, such person shall be liable, &c. (Note 9.)

38 & 39 Vict.

c. 63, s. 17.

9. Label-Giving a false one on Sale of an Article.] Every person who shall wilfully give a label with any article sold by him which shall falsely describe the article sold shall be guilty of an offence under this act.

ADULTERATION OF SEEDS.

"Every person who, with intent to defraud or to enable another person to defraud, does any of the following things; that

is to say,

1. Kills or causes to be killed any seeds; or,
2. Dyes or causes to be dyed any seeds; or,

3. Sells or causes to be sold any killed or dyed seeds.”

[MEM. Sect. 2 defines the terms here used:-" The term 'to kill
seeds' means to destroy by artificial means the vitality or
germinating power of such seeds (Note 10); the term to dye
seeds' means to give to seeds by any process of colouring,

Id. s. 27.

32 & 33 Vict.

c. 112, s. 3.

9 (It is a condition precedent to a summary conviction that the purchaser of the article shall notify to the seller his intention to have it analysed by the public analyst. It is not enough for him to say that he has purchased the article for the purpose of analysis. Barnes v. Chipp, 47 L. J., M. C. 85; 35 Law T. Rep. 570.)

10" ADULTERATION OF SEEDS:"Disguising Old Seed as New.]-See Francis v. Maas, 47 L. J., M. C. 83; 38 Law T. Rep. 100; 42 J. P. 392; 26 W. R. 422.

11 Procedure under Jervis's Act-Intent to defraud a particular Person not necessary -Prosecutor to pay Costs of unreasonable Prosecution.] By 32 & 33 Vict. c. 112 (which is "An Act to prevent the Adulteration of Seeds "), s. 4, " Any forfeiture or penalty under this act may be recovered, enforced and applied as follows: in England before two justices of the peace in manner directed by the act 11 & 12 Vict. c. 43, and any act amending the same. *** Any jurisdiction by this section authorized to be exercised by two justices may be exercised by any of the following magistrates within their respective jurisdictions; that is to say, as to England by any metropolitan police magistrate sitting alone at a police court or other appointed place, or by the lord mayor or any alderman of the city of London, sitting alone or with others within the said city. By sect. 5, "In any proceeding for any offence against this act, it shall be sufficient to allege that the party accused did the act charged with intent to defraud or to enable some other person to defraud, without

alleging an intent to defraud any particular person or an intent to enable any particular person to defraud any particular person;-and on the trial of any such offence it shall not be necessary to prove an intent to defraud any particular person, or an intent to enable any particular person to defraud any particular person, but it shall be sufficient to prove that the party accused did the act charged with an intent to defraud or with intent to enable some other person to defraud or with the intent that any other person might be enabled to defraud." By sect. 8, "whenever any complaint is preferred against any person under this act, and the court upon the hearing thereof determines that it is not bonâ fide made upon reasonable and probable cause, it shall be lawful for the court in its discretion to direct and order that the prosecutor or other person by whom or at whose instance such complaint has been preferred shall pay unto the accused person the just and reasonable costs, charges and expenses, to be settled by the court, of such accused person and his witnesses, occasioned by or consequent upon the preferring of such complaint;-and upon nonpayment of such costs, charges and expenses within fourteen days after the date of such direction and order, it shall be lawful for the court to enforce payment of the same in the same manner as if such costs were a penalty incurred by the person liable to pay the same."

12 Appeal No Certiorari, &c.] By 32 & 33 Vict. c. 112, s. 6, "In England where the person who is convicted under this act thinks himself aggrieved by the conviction, such

SYNOPSIS OF OFFENCES.

ADULTERATION OF SEEDS-continued.

dyeing, sulphur smoking, or other artificial means, the appear-
ance of seeds of another kind." The act is not to prejudice or
affect the power of proceeding by indictment or libel in respect
of any offence, nor is any proceeding, conviction or judgment
had or taken under the act to prevent, lessen or impeach any
remedy by civil process at law or in equity, which any party
aggrieved by any offence might have had if the act had not
been passed (s. 9.)]

Statute.

AGRICULTURAL GANGS.

1. Any gangmaster employing any child, young person, or woman in contravention of this section, or any occupier of land on which such employment takes place, unless he proves that it took place without his knowledge, viz.,—

(a) Any child under the age of 8 years in any agricultural

gang;

(b) Any female in the same agricultural gang with males;
(c) Any female in any gang under any male gangmaster
unless a female licensed to act as gangmaster is also
present with the gang.

[See Note 13 for definition of terms used.]

30 & 31 Vict. c. 130, s. 4.

2. Any person acting as a gangmaster, without having obtained a
licence to act as such under this act

[See the provisions as to granting licences in Vol. II. Chap.
II. of Part III. of this work under this title.]

3. Any gangmaster violating the condition annexed to his licence by the justices as to the distance within which the children employed are to travel on foot to their work.

Id.

Id. s. 7.

person may appeal to the next court of general or quarter sessions held not less than twelve days after the day of such conviction for the county or place where the conviction is had, in manner and upon the conditions in and upon which a person aggrieved by a summary conviction under the act 24 & 25 Vict. c. 96, may appeal in pursuance of the one hundred and tenth section of the said act. [See this appeal clause in Note 226 to title "Larceny," post.] *** A summary conviction under this act in England shall not be quashed for want of form or be removed by certiorari; and a warrant of commitment on any such conviction shall not be held void by reason of any defect therein, if it is therein alleged that the person therein named has been convicted, and there is a good conviction to sustain the same."

13" AGRICULTURAL GANGS :" Definition of Terms.] By 30 & 31 Vict. c. 130, s. 3, "child" shall mean a child under the age of thirteen years:-"young person" shall mean a person of the age of thirteen years and under the age of eighteen years:— "shall mean a female of the age of eighteen years or upwards:-"gangmaster" shall mean any person, whether male or female, who hires children, young persons or women, with a view to their being employed in agricultural labour on lands

"woman

not in his own occupation; and until the contrary is proved, any children, young persons or women employed in agricultural labour on lands not in the occupation of the person who hired them shall be deemed to have been hired with the aforesaid view:agricultural gang" shall mean a body of children, young persons and women, or any of them, under the control of a gangmaster.

14 Conviction to be indorsed on Gangmaster's Licence-Second and Subsequent Offences.] By 30 & 31 Vict. c. 130, s. 10, "on any conviction of a gangmaster of any offence against this act, the justices who convict him shall endorse on his licence the fact of such conviction;-and on any conviction of such gangmaster of a second offence against this act, the justices may in addition to any other penalty withhold his licence for a period not exceeding three months; and on any conviction of any gangmaster of a third offence against this act, the justices may in addition to any other penalty withhold his licence for a period not exceeding two years. And after a fourth conviction for an offence against this act the gangmaster shall be disqualified from holding or receiving a licence under this act." [Vide Oke's "Formulist," 6th ed. p. 91, Nos. 5, 6, for special forms under this enactment.]