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JOURNAL OF HOBTICULTURE AND COTTAGE GABDENER. C September 2, 18W. 



moistnre, and hard cold water Btants or kills them. Use soap- 

 aads or sewage water someiimep. and let both be mixed with 

 an equal qaantity of clear water ; bat do not wtt the leaves 

 with the mixture more than is unavoidable. Water the soil 

 between them equally and steadily from the long spout of the 

 watering-pot, and not very near the places where the main 

 stems start from the soil, as gangrene and canker very often 

 follow that bad practice. 



The above system may also be adopted for ridge or any 

 -Other Cacambers.— Upwabds and Onwabds, 



ADULTERATION OF SEEDS BILL. 



It i3 well known that a practice has been in use for many 

 years past of mixing good seeds with seeds the vitality of which 

 has been destroyed for the purpose of adulteration and profit. 

 So general and extensive had this become, that even the seed 

 trade itself regarded it as a scandal, and honourable men con- 

 nected with the trade shrunk from a system which through 

 custom and competitiun thoy were compelled in self-defence to 

 follow. It mattered not how desirous a few individuals may 

 have been to escape from this dishonourable course and to sell 

 genuine seeds ; it was practically impossible for them to do so, 

 so long as others with whom they were brought into compe- 

 tition could undersell them with seeds which were to a large 

 extent adulterated. The public, ignorant of these matters, 

 naturally buy where they can do so cheapest, regardless of the 

 maxim, that "the cheapest is not always the best," and acting 

 on that principle of buying in the cheapest market, the public 

 have themselves been active accessories in encouraging this 

 system of '* doctoring seeds." To such a pass had this practice 

 reached, that some of the active members of the seed trade 

 'bestirred themselves with a determination to rid themselves of 

 the reproach of systematically deceiving the pubhc, and the 

 result has been the passing of a bill in the last session of 

 Parliament (32 and 33 Vic, chap. 112), rendering it penal 

 after the 1st of May next, to infringe the clauses of the Act, 

 which is as follows : — 



AN ACT TO PKEVEN'T THE ADULTER.VTIOS OF SEEDS. 



"Whereas the practice of adnlterating seeds, in fraud of Her 

 Majesty's snbjects, and to the great detriment of agriculture, requires 

 to be repressed by more effectual laws than those which are now in 

 force for that purpose : 



Be it therefore enacted by the Queen's most Excellent Majesty, by 

 and with the advice and consent of the Lord Spiritual and Temporal, 

 and Commons, in this present ParUament assembled, and by the 

 authority of the same, as follows : — 



1. This Act may be cited as " The Adulteration of Seeds Act, 1869." 



2. In this Act— 



The term " to kill seeds " means to destroy by artificial means the 



vitality or germinatinji power of sach seeds : 

 The term "to dye seeds " means to give to seeds by any process of 



colouring, dyeing, sulphur-smoking, or other artificial means the 



appearance of seeds of another kind. 



3. Every person who, with intent to defraud or to enable another 

 person to defraud, does any of the following things — that is to say, 



(1.) Kills or causes to be killed any seeds ; or, 



(2.) Dyes or causes to be dyed any seeds ; or, 



(3. J Sells or causes to be sold any killed or dyed seeds, shall be 

 punished as follows — that is to say, 



(1.) For the first offence he shall be liable to a penalty not exceed- 

 ing £5 ; 



\2.) For the second and any subsequent offence he shall be liable to 

 pay a penaltv not exceeding £50. 



Moreover, in everj- case of a second or any subsequent offenre 

 against this Act, it shall be lawful for the court, besides inflicting upon 

 the person guilty of such offence the punishment directed by this Act. 

 to order the offender's name, occupation, place of abode, and place of 

 busiuess, and particulars of his punishment under this Act, to be 

 published, at the expense of such offender, in such newspaper or news- 

 papers, or in such other manner as the court may think fit to prescribe. 



4. Any forfeiture or penalty under this Act may be recovered, en- 

 forced, and applied aa follows : — 



In England, before two justices of the peace in manner directed by 

 the Act of the session of the eleventh and twelfth years of the 

 reign of Her present Majesty, chapter 43. intituled " An Act to 

 facihtate the performance of the duties of justices of the peace 

 out of sessions Mrithin England and Wales with respect to sum- 

 mary convictions and orders," and any Act amending the same. 



In Scotland, in manner directed by the Summary Procedure Act, 

 lriG4, and any Act amending the same, or by any police or other 

 Act for the time being in force in any place, and providing for the 

 recovery of forfeitures and penalties. 



In Irpland. in manner directed^by the Petty Sessions (Ireland) Act 

 1S51, and any Act amending the same ; and in Dublin by the Acta 



regulating the powers of justices of the peace, or of the police of 

 Dublin metropolis. 

 Any jurisdiction by this section authorised to be exercised by two 

 justices may be exercised by any of the following magistrates within 

 their respective jurisdictions — that is to say, 

 As to Knglaud, by any metropolitan police magistrate sitting alone 

 at a police court or other appointed place, or by the Lord Mayor 

 or any alderman of the city of London, sitting alone or with 

 others within the said city. 

 As to Scotland, by the sheriff or sheriff substitute, or by any poUco 



magistrate of a burgh. 

 Afl to Ireland, by any one or more divisional magistrate of poUce in 

 the police district of Dublin, and elsewhere by one or more josticA 

 or justices of the peace in petty sessions. 

 The term " court " shall include the justices, magistrate, or other 

 person or persons before whom proceedings may be had for tha re- 

 covery of any forfeiture or penalty. 



5. In any proceeding for any offence against this Act. it shall be 

 sufficient to allege that the party accused did the act charged with 

 intent to defraud or to enable some other ptrson to defraud, without 

 alleging an intent to defraud any particular person or an intent to 

 enable any particular person to defraud any particular person ; and 

 on the trial of any such offence it shall not be necessary to prove an 

 intent to defraud any particular perpon, or an intent to enable any 

 particular person to defraud any particular person, but it shall bo 

 sufficient to prove that the party accused did the ac^ charged with an 

 intent to defraud, or with intent to enable some other person to defraud, 

 or with the intent that any other person might be enabled to defraud. 



6. In England, where the person who is convicted under this Act 

 thinks himself aggrieved by the conviction, such person may appeal 

 to the next court of general or quarter sessions, held not less than 

 twelve days alter the day of such conviction for the county or place 

 where the conviction is had, in manner aud upon the conditions in 

 and upon which a person aggrieved by a summary conviction under 

 the Act of the session of the twenty-fourth and twenty-fifth years of 

 the reign of Her present Majesty, chapter 96, may appeal in pur- 

 suance of the 110th section of the' said Act. 



In Scotland and Ireland, in like cases as in England, an appeal 

 shall he in manner in that behalf provided by the law of Scothind 

 aud of Ireland respectively. 



A summary conviction under this Act in England shall not be 

 quashed for want of form, or be removed by certiorari ; and a warrant 

 of commitment on any such conviction shall not be held void by 

 reason of any defect therein, if it is therein alleged that the person 

 therein named has been convicted, and there is a good conviction to 

 sustain the same. 



7. Every complaint under this Act against any person in respect of 

 selling or causing to be sold any killed or dyed seeds shall be com- 

 menced within twenty-one days from the time of the commission of 

 the offence complained of. 



8. Whenever any complaint is preferred against any person under 

 this Act, and the court upon the bearing thereof determines that it is 

 not f}07ifi jide made upon reasonable and probable cause, it shall be 

 lawful for the court in its discretion to direct and order that the pro- 

 secator or other person by whom or at whose instance such complaint 

 has been preferred, shall pay unto the accused person the just and 

 reasonable costs, charges, and expenses, to be settled by the court, of 

 such accused person and his witnesses, occasioned by or consequent 

 upon the preferring of such complaint ; and upon nonpayment of 

 such costs, charges, and expenses within fourteen days after the date 

 of such direction and order, it shall bo lawful for the court to enforce 

 payment of the same in the same manuer as if such costs were a 

 penalty incorredby the person liable to pay the same. 



9. Nothing in this Act contained shall prejudice or affect the power 

 of proceeding by indictment or libel in respect of any offence herein 

 provided for, nor shall any proceeding, conviction, or judgment to be 

 had or token under the provisior-s hereof against any person prevent, 

 lessen, or impeach any remedy by civil process at law or in equity 

 which any party aggrieved by any offence against this Act might have 

 had if this Act had not been passed. 



10. This Act shall commence and take effect on the Ist day of May, 

 1S70. 



A BULKY bine book has been published with the whole 

 of the evidence taken before a committee of the House of Com- 

 mons on the subject;* but as this alludes merely to Clover 

 and other agricultural seeds, we confine our extract to that 

 part which refers more immediately to garden seeds. The 

 following is the evidence of Mr. Bumell, of Waite, Bumell. 

 and Co., and nest week we shall give that of Mr. D. Nash, of 

 Minier, Nash, k Nash. 



Evidence of Mb. John Thostpsos BtravEU.. 

 CH.URM-iN. — You are a member of the firm of Waite, Bomell, 

 Hnggins, & Company, of Southwark Street ? — Yes. 



• The members of the Committee were— Mr. W. Earle Welby (Chair- 

 mant, Mr. Henry Brand, Sir Michael Hicks Beach. Bart, Mr. Shaw 

 Lefevre, Mr. Collins, Mr. Cross, Mr. Norwood. Mr. M'Lagan. Sir Henry 

 Selwiu-Ibbetson, Bart., Mr. Morrison, Mr. Cogan, Mr. Backhouse, Mr. 

 O'Neill, Dr. Playfair, and Mr. Pell. 



