Contemporary Agricultural Law. l*.*;") 



but (lid not reside on a farm in Essex which was managed for 

 them by a bailiff under the superintendence of a steward who 

 resided a considerable distance away. Part of the business of 

 the farm was the conveyance of milk to the railway station, 

 and for this purpose the appellants had a four-wheel van which 

 was usually driven to and from the station by a milkman. 

 The van had the appellants' names painted on the side and was 

 constructed or adapted for use for the conveyance of milk 

 churns. On one occasion without the knowledge of the 

 appellants or their steward the bailiff used the milk van after 

 carrying milk to the station for bringing back his wife and 

 others from a place of entertainment. In respect of this user 

 the appellants were convicted of keeping and using the milk 

 van without having a licence. The Court held that the 

 conviction was right on the ground that the van had not been 

 '' solely " used for the conveyance of goods or burden in the 

 course of trade or husbandry, and the fact that the user for a 

 non-exempted purpose was without the knowledge of the 

 appellants did not entitle them to exemption from the duty. 



The Fertilisers and Feeding Stuffs Act, 190(j, which renders 

 any person who sells any article for use as food for cattle and 

 fails without reasonable excuse to give on, or as soon as possible 

 after, the delivery of the article the invoice required by the- Act 

 stating the composition, &c., of the food liable to a penalty, has 

 been the subject of a decision. The Act requires that a 

 prosecution for an offence under the section relating to the 

 invoice shall not be institvited without the consent of the Board 

 of Agriculture and Fisheries. In Hill v. Phoenix Veterinary 

 Supplies, Lim. (1911 2 K.B., 217 ; 80 L.J.K.B., 669) the 

 Department of Agriculture and Technical Instruction for 

 Ireland instituted a prosecution against the respondents for 

 delivery, for use of food for cattle, of 1^ cwt. of calf meal 

 artificially prepared without an invoice as required by the Act. 

 Xo consent to the prosecution had been given by the Board of 

 Agriculture and Fisheries, and it was therefore held that the 

 prosecution failed, as being in England the consent of the 

 English Board was required notwithstanding that the Irish 

 authority was the prosecutor. 



Two cases relating to highways should be noted. In Re 

 Stamford and Warrington's (Earl) Settled Estates (191 1 , 1 Ch., 

 69(S ; 80 L.J. Ch., 361) it was held that a rui-al district council 

 may agree with a landowner who is liable to repair a road 

 ratione tenurce (i.e., where a liability to repair is imposed upon 

 the land through which the road passes) to for ever take uj)on 

 themselves the repair and maintenance of the road in con- 

 sideration of a payment by the landowner, and the effect of 

 tlie agreement will be to effectually free and for ever discharge 



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