10 Feb., 1909.] The Fruit Cases Act 1906. 77 



than those of the standard measurement, would be allowed sale. But, 

 despite oft-repeated warnings, many of the dealers and growers have now 

 found themselves with hundreds of contraband crises thrown upon theip 

 hands. The Act prohibits the sale of fruit in such cases and the owner 

 is confronted with the option of passing them on to others at the risk of 

 prosecution or destroying them at a loss. This awkward position applies 

 also to the vendor who finds that many of his cases which were carefully 

 branded with so-called " indelible " ink, now show no trace whatever of 

 the brand, exposure to sun and rain having done their work, and the case 

 is now innocent of any maker's name, address or guarantee. 



In order to get over some of these difficulties, which, after all, are 

 only of a transient nature, the Minister for Agriculture has agreed, pend- 

 ing' the amendment of the Act, to permit the holders of unmarked standard 

 cases to stamp the guarantee themselves upon each end of such cases. 

 This will remove much of the trouble, but persons who take upon them- 

 selves this responsibility will do well to remember that they will be held 

 liable should their guarantee be wrongfully or falsely applied. Cases 

 that are under the standard size may be disposed of by shipping them to 

 other States where similar legislation is not in existence. 



In instances where the marking has become indistinct by exposure to 

 the weather or has become defaced by accident, no action will be taken 

 if the examining inspector is satisfied that the cases have been branded 

 at anv time with the required m.aker's name, address and guarantee — 

 provided, of course? that such cases are of the standard sizes. 



A liberal allowance is made for shrinkage on second-hand cases, 

 viz., 5 per cent, on the cubical contents; but many instances have come 

 under the notice of the Inspectors where cases, although bearing the 

 maker's name, address and guarantee, have been much below the standard 

 allowed by the Act. Makers are reminded that penalties are provided 

 against persons placing an untrue or incorrect guarantee on cases. Some 

 makers have protested that these provisions are somewhat unfair to them, 

 as it is possible that purchasers of cases bearing the name and guarantee 

 rnay cut them down to below the size after purchase. In answer to this 

 it may be pointed out that the makers are protected in this direction bv 

 the heavy penalties provided against persons altering the size of or 

 tam.pering with cases bearing the name, address and guarantee of a maker. 

 These penalties are so heavy in fact, including as they do long terms of 

 imprisonment, that it is unlikely manv vendors would be found with suffi- 

 cient hardihood to take the risk. 



It has been pointed out in many quarters that the problem of deleting 

 from circulation the numerous old and undersized fruit cases now in ex- 

 istence will never be properly settled until som.e measure is passed by the 

 Legislature regulating the sizes of cases for the sale of potatoes and 

 onions, or which will prohibit their sale in cases altogether. Many 

 growers and fruit merchants have asked that these commodities be in- 

 cluded in the Fruit Cases Act, but the Crown Solicitor has advised that 

 this is ultra vi^es. 



The following are the standard sizes of cases prescribed bv the Act 

 for the local sale and export of fruit : — 



For local trade. — i. Double or two-bushel cases: — 26 x 12 x 14J 

 inches (4,446 cubic) inside measurement and clear of divi.sions. 



2. {a) Single or one bushel ca.se s : — 26 x 6 x 14J inches (2,223 cubic) 

 inside measurement and clear of divisions ; or 



{V) 18 X 8| X 14 inches (2,237 cubic) inside measurements and no 

 divisions allowed. 



