MAGISTRATE'S COURT.

Dominion, Volume 6, Issue 1561, 3 October 1912, Page 4

MAGISTRATE'S COURT.

(Before G. Riddell, S.M.) MOISTENED MILK. / CITY COMPANY PINED. . 'In the Magistrate's Court vosterday Mr. W. G. Biddell, S.M., delivered judgment in tho case in which the Nutricia Milk Company was charged 011 three intormations with having sold milk containing added water. At the hearing of the case Mr. M. Myers, who appeared for the defendant company, said that under Section 13 of the Sale of Food and Drugs Act it was provided that the vendor of watered milk should be convicted unless ho proved that he had taken iill reasonable steps to ascertain that in selling the milk lie would not break the law. Mr. Myers said that, though there were occasions on which the lactometer was not absolutely reliable, it was the'best Quick t Ds t which could be mnde, and the onlv one which could be applied in the ordinary course of business. Tho company, also, tested with tho Babcock tester as frequently as possible, and at times samples of inilk were sent to the Dopartmont of Agriculture for analysis. Mr. H. H. Ostler, who appeared in support of tha prosecution, submitted that the company had not tokeu all reasonable steps. .Tho manager of the company had admitted in evidence that although tho lactometer test had been applied the Richmond adjustment table had not been used in conjunction with it, even though tlint were highly advisable. The company had -been prosecuted on a similar charge in June, and since then had not sent any sninplo to the Department for analysis. If the Court were to hold that the company had taken all reasonable precautions, the Act would bo useless. His Worship.did not think that it could be said that defendants had taken all reasonable steps or precautions in order to prevent the commission of an offence. On tho first information tho company was fined £2, with costs £2 19s. Gd., and on each of the other charges they were convicted and ordered to pay costs (17s. 6d.). OTHER CASES. For insobriety, James Irvine was fined £1, James Halloran 10s., John Mars J3l, and Gua Peterson £2. • Charles Thomas Storey pleaded guilty to a chnrgo of the theft of a bicyclo which belonged to George Scales. He was fined ,£3, and was required to pay ICs. witnesses' expenses. Mary Stringer, who was said to have been found in a state of helpless drunkenness, wa-s.not brought into Court to answer the charge of over indulgence which stands against her, and, on the application of tho police, the Court remanded her for a. week's medical treatment.