Appeal cases under the Sale of Food & Drugs Acts, 1875 & 1879, and the Margarine Act, 1887 / by B. Scott Elder.

  • Elder, B. Scott
Date:
1900
Catalogue details

Licence: In copyright

Credit: Appeal cases under the Sale of Food & Drugs Acts, 1875 & 1879, and the Margarine Act, 1887 / by B. Scott Elder. Source: Wellcome Collection.

    68/108 (page 52)
    that the summons was invalid, and the magistrate had no jurisdiction to hear the case. The magis- trate being of opinion that the defect, if any, in the summons, was cured by the appearance of the appellant, heard the case and convicted him. Held, that the summons, having been signed and issued by a justice who had not heard the com- plaint, was invalid; that the defect was not cured by the appearance of the appellant, as he appeared under protest; that the provisions of s. 10 of the Sale of Food and Drugs Act Amend- ment Act, 1879, were imperative, and not merely directory, and that, as no summons had been duly served in accordance with them, the magistrate had no jurisdiction, and the conviction was wrong. FECITT v. WALSH (1891). 2 Q. B. 304 ; 55 J. P. 726 ; 60 L. J. M. C. 143 ; 65 L. T. 82 ; 39 W. R. 525 ; 17 Cox C. C. 322. Separate informations for separate samples—Pro- visions in contract as to deficiency of cream supplied in milk. The appellant contracted to supply milk to a workhouse at a certain price; by the contract, the milk was to contain a certain percentage of cream;