190 THE ANALYST. SPECIAL PROVISION AS TO MILK. An dct t o umacm? the Sale of Food and Drugs Act, 1876, aozd the Salc of r"ooi2 aizd Drugs Act Amendment Act, 1879, as to Hdk. This Act may be cited as the Sale of P o d and Drugs Act Amendment Milk Act, 188 , and shall be construed as one with the Sale of Food and Drugs Act, 1875, in this Act called the PrincipalAct, and with the Sale of Food and Drugs Act Amendment Act, 1879. I f sf; any time any Medical Officer of Health, Inspector of Nuisances, or Inspector of Weights and Measures, or any Inspector of a Market, or any Police Constable under the direction and at the cost of the local authority appointing such oEcer, inspector, or constable, charged with the execution of the Principal Act, should procure any sample of milk from a milk dealer, and notify to such milk dealer or his agent selling the sample his intention to have the same analysed by the public analyst pursuant to the provisions of the 14th section of the Principal Act, such dealer or his agent may thereupon, or within a reasonable time afterwards, inform the said officer, inspector, or conatable that the said sample is an unaltered part of a quantity of milk lgold to him in the performance of EL then continuing contract, and by a person whose name and address he shall then give to auch officer, inspector, or constable, together with the place of delivery, by such person, of themilk to the dealer, such officer, inspeetor, or con- stable shall thereupon and as speedily a8 may be procure a sample of the milk delivered by the consignor to such dealer at the place of delivery, notwithstanding that the place of delivev may not be within the jurisdiction of the local authority appointing such officer, inspector, or constable.The officer, inspector, or constable procdng such sample shall then and there divide it into three parts, each part to be marked and sealed up, and shall forthwith notify such oonsignor that he has procured a sample of the milk that day consigned to the dealer for the purpose of having it analysed by the public analyst, and that a part of the said sample may Be had by the consignor from the office of the said officei; inspector, or onstable, upon the application for the same being made by such consignor or his agent. The officer, inspector, or constable shall retain one of th0 said parts for future oomparison, and shall submit the third part to the analyst.THE ANALYST.191 -- - -- -.-- ---- When the analyst, having analysed the two samples of milk shall have given his certifioate of the results, from which it shall appear that the two samples are substantially alike, though an offence against some provision of the Principal Act has been committed, yet the milk dealer shall be discharged from prosecution, and shall not be liable t o any costs, because he had no rqason to believe at the time when he sold the milk that it was otherwise than as demanded of him by the prosecutor, and that he sold it in the state in which he received it from the vendor. The person causing the analysis to be made may take such proceedings against the consignor for the reaovery of the penalties imposed for such offence as are anthorised by section 3 of the Sale of Food and Drugs Act Amendment Act, 1879.If the person so proceeded against should dispute the analysis and declare that the said sample was the same in all respects as that which his cows had given, and states that he intends t o rely upon this for his defence, and ahould request such officer, inspector, or constable to visit his farm and see his cows milked, such officer, inspector or constable shall thereupon and as speedily as may be, visit, with one or more persons possessing competent knowledge, skill and experience in the milking of cows, the defendant’s farm, notwithstanding that the defendant’s farm and cow sheds may not be within the jurisdiction of the local authority appointing such officer, inspector, or constable, and ’shall take all and every precaution to see that the cows are properly milked, when the analyst, having analysed the two samples shall give his certifioete of the result from which it may appear that the two samples are substantially alike, the defendant shall be discharged from prosecution.