164 THE ANALYST. SALE OF FOOD AND DRUGS ACT AMENDMENT ACT, 1879. THE following is the full text of this Act, to which the Royal Assent was given on the 2lst July last, and which we presume came into operation at once :- WHEREAS conflicting decisions have been given in England and in Scotland in regard to the meaning and effect of isection six of the Sale of Food and Drugs Act, 1875, in this Act 38&89 Viot- referred to as the principal Act, and it is expedient, in this respect and otherwise, to amend the said Act : Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parlia- ment assembled, and by the authority of the same, as follows : Amendment Act, 1879.prejudice of the purchaser any article of food or any drug which is not of the nature, subetance, and quality of the article demanded by such purchaser, it shall be no defence to any euch prosecution to allege that the purchaser, having bought only for analysis, was tor andyais.not prejudiced by such sale. Neither shall it be a good defence to prove that +he article of food or drug in question, though defective in nature or in substance or in quality, was not defective in all three respects.measures, or any inspector of a market, or any police constable under the direction and at conetable may the Goat of the local authority appointing such officer, inspector, or constable, or charged ik$zf milk with the execution of this Act, may procure at the place of delivery any sample of any at the place of milk in course of delivery to the purchaser or consignee in pursuance of any contract for t:ky$ the sale to such purchaser or consignee of such milk; and such officer, inspector, or analJst.constable, if he suspect the same to have been sold contrary to any of the provisions of the principal Act, shall submit the same to be analysed, and the same shall be analysed, and proceedings shall be taken, and penalties on conviction be enforced in like manner in all respects a8 if such officer, inspector, or constable had purchased the same from the seller or consignor under section thirteen of the principal Act.being with the charge of such milk, if he shall refuse to allow such officer, inspector, or '2:: give constable to take the quantity which such officer, inspector, or constable shall require for adW* the purpose of analysis, shall be liable to a penalty not exceeding ten pounds.1. This Act may be cited for all purposes as the Sale of Food and Drugs Act Shorttitle. 2. In any prosecution under the provisions of the principal Act for selling to the h eale of 3. Any medical officer of health, inspector of nuisances, or inspector of weights and Oacer, inspector, or 4.The seller or consignor or any person or persons entrusted by him for the time PenaltyforTHE ANALYST. 165 5. Any street or open place of public resort shall be held to come within the meaning ExteurJion 6. I n determining whether an offence has been committed under section six of the Reduction of Act as to sale in streets, &c.said Act by selling, to the prejudice of the purchaser, spirits not adulterated otherwise than ~~~~~~ the by the admixture of water, it shall be a good defence to prove that such admixture has not ~ f l ~ ~ ~ ~ ~ reduced the spirit more than twenty-five degrecs under proof for brandy, whisky, or rum, for brandy, or thirty-five degrees under proof for gin.of section seventeen of the principal Act. whisky, orrum, RUd 35 degrees for gin. menning of ‘I county.” 7. 8. Every liberty having a separate court of quarter sessions, except a liberty of rz Extension of The town council of any borough having a separate court of quarter sessions shall Quarter cinque port, shall be deemed to be a county within the meaning of the said Act.be exempt from contributing towards the expenses incurred in the execution of the principal not Act in respect of the county within which such borough is situate, and the treasurer of the E: ,~~~~ county shall exclude the expenses so incurred from the account required by section one analyst. hundred and seventeen of the Municipal Corporation Act, 1835, to be sent by him to such 5 & 6 W.4. towii council. nient, or otherwise, a separate police establishment, a d being liable to be assessed to the ~ ~ ~ ~ county rate of the county within which the borough is situate, shall be paid by the justices of such county the proportionate amount contributed towards the expenses incurred by tlic county in the execution of the principal Act by the several parishes and parts of parishes within such borough in respect of the rateable value of the property assessable therein, as ascertained by the valuation lists for the time being in force.section twenty of the said Act, the suminons to appear before the magistrates shall be ~ ~ ~ ~ ~ ‘ served upon the person charged with violating the provisions of the said Act within 5t ceedk5. reasonable time, and in the case of a perishable article not exceeding twenty-eight days from the time of the purchase from such person for test purposes of the food or drug, for the sale of which in contravention to the terms of the principal Act the seller is rendered liable to proseoution, and particulars of the offence or offences against the said Act of which the seller is accused, and also the name of the prosecutor, shall be stated on the summons, and the summons shall not be made returnable in a less time than seven days from the day it is served upon the person summoned.c. 76. 9. The town council of any borough having under any general or local Act of Yarlia- Provision ‘0’’ 10.-In all prosecutions under the principal Act, and notwithstanding the provisions of Special pro-