chapter forty-three. In Ireland such penalties and proceedings shall be recoverable, and may be taken with respect to the police district of Dublin metropolis, subject and according to the provisions of any Act regulating the powers and duties of justices of the peace for such district, or of the police of such district; and with respect to other parts of Ireland, before a justice or justices of the peace sitting in petty sessions, subject and according to the provisions of " The Petty Sessions (Ireland) Act, 1851," and any Act amending the same. Every penalty herein imposed may be reduced or mitigated according to the judgment of the justices.

must attend

21. At the hearing of the information in such proceeding the pro- Production duction of the certificate of the analyst shall be sufficient evidence of of certificate the facts therein stated, unless the defendant shall require that the is evidence, analyst shall be called as a witness, and the parts of the articles but analyst retained by the person who purchased the article shall be produced, if required. and the defendant may, if he think fit, tender himself and his wife The defendto be examined on his behalf, and he or she shall, if he so desire, be ant or his examined accordingly. wife may, if they choose, 22. The justices before whom any complaint may be made, or the be examined court before whom any appeal may be heard, under this Act may, upon the request of either party, in their discretion cause any article Justices may send sample of food or drug to be sent to the Commissioners of Inland Revenue, to Somerset who shall thereupon direct the chemical officers of their department House. 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.

sessions.

23. Any person who has been convicted of any offence punishable Appeal to by any Act hereby repealed or by this Act by any justices may quarter appeal in England to the next general or quarter sessions of the peace which shall be held for the city, county, town, or place wherein such conviction shall have been made, provided that such person enter into a recognisance within three days next after such conviction, with two sufficient sureties, conditioned to try such appeal, and to be forthcoming to abide the judgment and determination of the court at such general or quarter sessions, and to pay such costs as shall be by such court awarded; and the justices before whom such conviction shall be had are hereby empowered and required to take such recognisance; and the court at such general or quarter sessions are hereby required to hear and determine the matter of such appeal, and may award such costs to the party appealing or appealed against as they or he shall think proper.

In Ireland any person who has been convicted of any offence Appeals in punishable by this Act may appeal to the next court of quarter Ireland. sessions to be held in the same division of the county where the conviction shall be made by any justice or justices in any petty sessions district, or to the recorder at his next sessions where the conviction shall be made by the divisional justices in the police district of Dublin metropolis, or to the recorder of any corporate or borough town when the conviction shall be made by any justice or justices in such corporate or borough town (unless when any such sessions shall commence within ten days from the date of any such conviction, in which case, if the appellant sees fit, the appeal may be made to the next succeeding sessions to be held for such division or town), and it shall be lawful for such court of quarter sessions or recorder (as the case may be) to decide such appeal, if made in such form and manner and with such notices as are required by the said Petty Sessions Acts respectively hereinbefore mentioned as to appeals against orders made by justices at petty sessions, and all the provisions of the said Petty Sessions Acts respectively as to making appeals and as to executing the orders made on appeal, or the original orders where the appeals

Incumbent

on defend

shall not be duly prosecuted, shall also apply to any appeal made under this Act.

24. In any prosecution under this Act, where the fact of an article ant to prove 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.

that he

comes with

in any exception

with regard

to mixed matters.

Written

warranty a good defence.

Penalties in

England to

25. If the defendant in any prosecution under this Act prove to the satisfaction of the justices or court that he had purchased the article 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, 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 on the above defence.

26. Every penalty imposed and recovered under this Act shall be paid in the case of a prosecution by any officer, inspector, or congo to the stable, of the authority who shall have appointed an analyst or authority agreed to the acting of an analyst within their district, to such officer, and be applied to inspector, or constable, and shall be by him paid to the authority for expenses of whom he acts, and be applied towards the expenses of executing this Act In Ire- Act, any Statute to the contrary notwithstanding; but in the case of any other prosecution the same shall be paid and applied in England according to the law regulating the application of penalties for offences punishable in a summary manner, and in Ireland in the manner directed by the Fines Act, Ireland, 1851, and the Acts amending the same.

land in manner

directed by Fines Act.

Forged

27. Any person who shall forge, or shall utter, knowing it to be certificates. forged for the purposes of this Act, any certificate or any writing purporting to contain a warranty, shall be guilty of a misdemeanor and be punishable on conviction by imprisonment for a term of not exceeding two years with hard labour;

False labels.

Indictment.

Breach of contract.

Every person who shall wilfully apply to an article of food, or a drug, in any proceedings under this Act, a certificate or warranty given in relation to any other article or drug, shall be guilty of an offence under this Act, and be liable to a penalty not exceeding twenty pounds;

Every person who shall give a false warranty in writing to any purchaser in respect of an article of food or a drug sold by him as principal or agent, shall be guilty of an offence under this Act, and be liable to a penalty not exceeding twenty pounds;

And 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, and be liable to a penalty not exceeding twenty pounds.

28. Nothing in this Act contained shall affect the power of proceeding by indictment, or take away any other remedy against any offender under this Act, or in any way interfere with contracts and bargains between individuals, and the rights and remedies belonging thereto.

Provided that in any action brought by any person for a breach of contract on the sale of any article of food or of any drug, such person may recover alone or in addition to any other damages recoverable by him the amount of any penalty in which he may have been convicted under this Act, together with the costs paid by him upon such conviction and those incurred by him in and about his defence thereto, if he prove that the article or drug the subject of such conviction was sold to him as and for an article or drug of the same nature, substance, and quality as that which was demanded of him, and that he purchased it not knowing it to be otherwise, and

afterwards sold it in the same state in which he purchased it; the defendant in such action being nevertheless at liberty to prove that the conviction was wrongful, or that the amount of costs awarded or claimed was unreasonable.

Expenses of Executing the Act.

29. The expenses of executing this Act shall be borne, in the city Expenses in of London and the liberties thereof, by the consolidated rates raised England. by the Commissioners of Sewers of the city of London and the liberties thereof, and in the rest of the metropolis by any rates or funds applicable to the purposes of the Act for the better local management of the metropolis, and otherwise as regards England, in counties by the county rate, and in boroughs by the borough fund or rate;

And as regards Ireland, in counties by the grand jury cess, and in In Ireland. boroughs by the borough fund or rate; all such expenses payable in any county out of grand jury cess shall be paid by the treasurer of such county; and

The grand jury of any such county shall, at any assizes at which it is proved that any such expenses have been incurred or paid without previous application to presentment sessions, present to be raised off and paid by such county the moneys required to defray the

same.

Special Provision as to Tea.

30. From and after the first day of January one thousand eight Special prohundred and seventy-six all tea imported as merchandise into and visions as to landed at any port in Great Britain or Ireland shall be subject to tea. examination by persons to be appointed by the Commissioners of Customs, subject to the approval of the Treasury, for the inspection and analysis thereof, for which purpose samples may, when deemed necessary by such inspectors, be taken, and with all convenient speed be examined by the analysts to be so appointed; and if upon such analysis the same shall be found to be mixed with other substances or exhausted tea, the same shall not be delivered unless with the sanction of the said commissioners, and on such terms and conditions as they shall see fit to direct, either for home consumption or for use as ships' stores or for exportation; but if on such inspection and analysis it shall appear that such tea is in the opinion of the analyst unfit for human food, the same shall be forfeited and destroyed or otherwise disposed of in such manner as the said commissioners may direct.

31. Tea to which the term "exhausted" is applied in this Act shall mean and include any tea which has been deprived of its proper quality, strength, or virtue by steeping, infusion, decoction, or other

means.

32. For the purposes of this Act every liberty of a cinque port not Cinque comprised within the jurisdiction of a borough shall be part of the ports. county in which it is situated, and subject to the jurisdiction of the justices of such county.

33. In the application of this Act to Scotland the following provi- Special apsions shall have effect:

1. The term "misdemeanor" shall mean a crime or offence:"
2. The term "defendant" shall mean "defender," and include

respondent:"

3. The term "information" shall include "complaint:"

4. This Act shall be read and construed as if for the term

plications to Scotland.

Definitions of borough. Expenses.

Local
Government
Board.

Penalties.

Special applications to

Ireland.

Definitions.

Borough.

County.

Assizes.
Treasurer.

Police constable.

Commence

"justices," wherever it occurs therein, the term "sheriff" were substituted:

5. The term

sheriff" shall include "sheriff-substitute:" 6. The term "borough" shall mean any royal burgh and any burgh returning or contributing to return a member to Parliament: 7. The expenses of executing this Act shall be borne in Scotland, in counties, by the county general assessment, and in burghs, by the police assessment :

8. This Act shall be read and construed as if for the expression "the Local Government Board," wherever it occurs therein, the expression one of Her Majesty's Principal Secretaries of State" were substituted:

9. All penalties provided by this Act to be recovered in a summary manner shall be recovered before the sheriff of the county in the sheriff court, or at the option of the person seeking to recover the same in the police court, in any place where a sheriff officiates as a police magistrate under the provisions of "The Summary Procedure Act, 1864," or of the Police Act in force for the time in any place in which a sheriff officiates as aforesaid, and all the jurisdiction, powers, and authorities necessary for this purposes are hereby conferred on sheriffs:

Every such penalty may be recovered at the instance of the procurator-fiscal of the jurisdiction, or of the person who caused the analyses to be made from which it appeared that an offence had been committed against some one of the provisions of this Act. Every penalty imposed and recovered under this Act shall be paid to the clerk of court, and by him shall be accounted for and paid to the treasurer of the county general assessment, or the police assessment of the burgh, as the sheriff shall direct. 10. Every penalty imposed by this Act may be reduced or mitigated according to the judgment of the sheriff:

11. It shall be competent to any person aggrieved by any conviction by a sheriff in any summary proceeding under this Act to appeal against the same to the next circuit court, or where there are no circuit courts to the High Court of Justiciary at Edinburgh, in the manner prescribed by such of the provisions of the Act of the twentieth year of the reign of King George the Second, chapter forty-three, and any Acts amending the same, as relate to appeals in matters criminal, and by and under the rules, limitations, conditions, and restrictions contained in the said provisions.

34.

In the application of this Act to Ireland,

The term "borough" shall mean any borough subject to the Act of the session of the third and fourth years of the reign of Her present Majesty, chapter one hundred and eight, intituled "An Act for the Regulation of Municipal Corporations in Ireland."

The term county" shall include a county of a city and a county of a town not being a borough.

The term "assizes" shall, with respect to the county of Dublin, mean "presenting term."

The term "treasurer of the county" shall include any person or persons or bank in any county performing duties analogous to those of the treasurer of the county in counties, and, with respect to the county of Dublin, it shall mean the finance committee: The term police constable" shall mean, with respect to the police district of Dublin metropolis, constable of the Dublin Metropolitan Police, and with respect to any other part of Ireland, constable of the Royal Irish Constabulary:

35. This Act shall commence on the first day of October one ment of Act thousand eight hundred and seventy-five.

36. This Act may be cited as "The Sale of Food and Drugs Act, Title. 1875."

To

SCHEDULE.

FORM OF CERTIFICATE.

Schedule.

I, the undersigned, public analyst for the do hereby certify that I received on the from+ a sample of

for analysis

(which then weighed
declare the result of my analysis to be as follows:-

), and have analysed the same, and

I am of opinion that the same is a sample of genuine

or,

I am of opinion that the said sample contained the parts as under, or the percentages of foreign ingredients as under.

* Here insert the name of the person submitting the article for analysis. + Here insert the name of the person delivering the sample.

When the article cannot be conveniently weighed, this passage may be erased, or the blank may be left unfilled.

Here the analyst may insert at his discretion his opinion as to whether the mixture (if any) was for the purpose of rendering the article portable or palatable, or of preserving it, or of improving the appearance, or was unavoidable, and may state whether in excess of what is ordinary, or otherwise, and whether the ingredients or materials mixed are or are not injurious to health.

In the case of a certificate regarding milk, butter, or any article liable to decomposition, the analyst shall specially report whether any change had taken place in the constitution of the article that would interfere with the analysis.