258 BOARD OF AGRICULTURE. [Pub. Doc. 



A complaint, under the Public Statutes, chapter 57, sections 5, 

 9, alleging that the defendant, at a time and place named, had in 

 his custody and possession a certain quantity, to wit, one pint, of 

 adulterated milk, to wit, milk then and there containing less than 

 thirteen per cent of milk solids, with intent then and there unlaw- 

 fully to sell the same, is sufficient. (Commonwealth v. Keenan, 

 139 Mass., 193.) 



The Public Statutes, chapter 57, section 10, do not prohibit auy 

 person not au inspector of milk from making a complaint for a 

 violation of the provisions of the chapter. 



A complaint, under the Public Statutes, chapter 57, section 5, 

 alleging that the defendant sold one pint of adulterated milk, to 

 wit, milk containing less than thirteen per cent of milk solids, is 

 not supported by proof that he sold the milk as skimmed milk out 

 of a tank marked as required by section 7, although the milk was 

 watered. 



A complaint under Public Statutes, chapter 57, section 5, alleg- 

 ing a sale of adulterated milk, to wit, milk containing less than 

 thirteen per cent of milk solids, is supported by proof of a sale 

 of milk which, by the removal of a part of the cream, has been 

 reduced in solids below thirteen per cent, unless the milk was 

 sold as skimmed milk, and out of a vessel, can or package marked 

 as required by section 7 ; and it is not necessary that a complaint 

 charging such an offence should be drawn under section 6. (Com- 

 monwealth V. Tobias, 141 Mass., 129.) 



At the trial of an indictment on Public Statutes, chapter 57, sec- 

 tion 5, charging the defendant with having adulterated milk in his 

 possession, with intent unlawfully to sell the same, an analyst in 

 the employ of the inspector of milk may testify to the result of his 

 analysis of the milk taken from the defendant from memory, 

 using a memorandum made by him at the time of analysis to 

 refresh his memory, without further proof that the requirements of 

 the Public Statutes, chapter 57, section 2, as amended by the 

 Statute of 1884, chapter 310, section 3, have been complied with. 

 (Commonwealth v. Spear, 143 Mass. 172.) 



At a trial of an indictment on the Public Statutes, section 5, 

 charging the defendant with having adulterated milk in his posses- 

 sion, with intent to unlawfully sell the same, an anal3^st in the 

 employ of the inspector of milk, who analyzed the milk taken 

 from the defendant, testified that he reserved a portion of the milk 

 so taken, by putting it into a bottle, which he corked and sealed. 

 A chemist, to whom the analyst delivered the portion of the milk 

 so reserved, testified, for the defendant, that the bottle was not 

 sealed. The defendant asked the judge to rule that, if the bottle 



