MAGISTRATE'S COURT

Dominion, Volume 10, Issue 2924, 9 November 1916, Page 9

MAGISTRATE'S COURT

MORE MILK CASES

Prosecutions ngninst milk vendors in the City were continued yesterday beioro Mr. W. G. Eiddcll, S.M. In the adjourned case agninst Cole, Crump, and Grundy; who' were charged with selling milk below standard, His Worship inllictcd a fino of £3 and costs. Thos. Edward Green pleaded not guilty to having sold milk which did not comply with the standard prescribed by the regulations. Mr. V. il. Meredith- appeared on behalf of the Health Department, and Mr. M. Myers for defondant. During tho course of his evidence. Gilbert Alex. Lawrence,' milk inspector, said that ho had taken three samples of milk from defendant, and had told him that he Was having the milk analysed. Witness proceeded to describe his method of taking the test, and said that at the time defendant's son objected to_ witness taking the sample from the service. Robert Ernest Green, son of defendant, said that the milk in the server was not for sale till he had strained it, and ho had filled the strainer with milk. Witness offered to fill up tho server, but the Inspector.bad said that there was enough. Mr. M. Myers held that tho solo question was whether (he milk taken by the inspector was for 6ale. The sample produced was not in a condition for sale, and he submitted, therefore, that the case should fail.

Giving judgment, His Worship said that defendant must be convicted. ' Ho should have specifically stated to the inspector that tho milk was not for sale.. •On the other hand, samples of milk should bo taken from tho ordinary milk for sale. A fine of 355., with costs, was inflicted. Thesecond information against defendant was dismissed. Henry Bodley, charged with selling milk below standard, was defended by Mr. T. Neave. Gilbert Alex. Lawrence, milk inspector, gave particulars of taking the tests of the milk on August 25 and September i. Witness admitted to Mr. Neave that it was a fact that dnrhig the spring months there was a diminution of fat in milk. In answer to a question by Mr. Meredith, witness said that at the time TJ* the sale nothing was said by defendant that the milk was below standard. Mr. Neave said that tho samples were taken at a period .of the,'year when it was impossible to got from tlio cow milK which would comply with the standard set in respect to milk-fat. As a matter of fact, the vendors had under consideration at present the advisability of ceasing, to supply the City of Wellington with milk for a period of from four to six weeks during the spring unless they were given- a guarantee that they would not bo prosocuted in respect of matters over which they had no control. Thero was no question, in. the present easo of any ovil-mirided adulteration. Defendant wa3 not- charged with, wilful adulteration. , Continuing, Mr.' Neave said that the regulation -provided ■ an artificial standard for a natural product. Unless tho .standard prescribed was within tho constituent parts . of., tho natural product the regulation was ultra vires and invalid.- If the decision happened to go against defendant an appeal, would bo lodged. • His Worship:" It would be a. proper caso for appeal. . . Evidence was given by Homy Bodloy and Dr. M'Laurinj'Government Analyst. Addressing His.'Worship, Mr. Neave asked him to regard the special circum--stances of tho case in regard-to tho supply of milk in the City.at the present time. On' account of'tho war thero was n shortag" of hands, and to get milk to customers meant a great deal of troublo to vendors.

•'• Mr. Meredith said that on the.evidence piven by Bodley the latter had admitted selling milk under tbe standard. ■' His Worship, in, delivering judgrae:s£ observod that defendant 'had not taken sufficient precautions to show that his milk was up to the standard of tho regulations. As a matter of fact, he had •put Up his own standard, His Worship stated that defendant should make tests which would satisfy him that his milk was up to the standard required. Defendant was convicted, and fined -C 3. with costs 75., analyst's fee 10s. 6d., and solicitor's , feo' XI 'is. Security for appeal was fixed at ,£8 Bs.

-POLICE CASES. ".:■•. 'Mr. "Xi. G. Reid, S.M., presided'over a short sitting of the Magistrate's Court, when Donald M'Donald, who had a, previous Conviction for insobriety, was fined lOs., in default three • days', imprisonment.' - "' ■ James Allan Webster, jate clerk to the Upper Hutt Town Board, was charged that on or about April 20, I9IG, at Upper Eutt ho committed theft of .£IOO in money, the- property of tho Upper Hutt -Town Board. A remand • was granted for a week. Mr. 0. C. Mazengarb repre : eented the accused. On the application of the police, Gershoum Simmons, tho West Indian who was concerned in a brawl in tho forecastle of the steamer Kaikoura on October U Inst, was remanded for a week, bail being allowed as before.