32 FOOD LAWS OF THE UNITED KINGDOM. 



three samples or to divide the sample or samples, the order of delivery 

 outlined above shall obtain, and in case there is a second sample the 

 Secretary of Agriculture may, at his discretion, deliver such sample 

 to the parties interested. All samples shall be sealed by the collector 

 with a seal provided for the purpose." 



In the United Kingdom the Local Government Board, as well as 

 the Board of Agriculture, has power to collect samples under the sale 

 of food and drugs act, and when they are collected "the officer pro- 

 curing such sample shall divide the same into four parts and shall 

 deal with three of such parts in the manner directed by section 14 of 

 the sale of food and drugs act, 1875, as amended by this act and shall 

 send the fourth part to the board * * *." This is taken from 

 section 2 of the sale of food and drugs act, 1899. The amendment 

 referred to (sec. 13 of the act of 1899) is discussed above and differs 

 but little from the form in which it is found in the 1875 statute. 



There exists, however, one marked difference in the mode of col- 

 lecting small samples. In Great Britain the separation or subdivision 

 must be made from a sample comprising the whole amount purchased. 

 In one instance an inspector purchased six bottles of camphorated oi] 

 which were subdivided into three sets of two bottles each. The court 

 held that this was not the correct procedure and that the samples 

 were illegal. What should have been done was to mix the entire con- 

 tents of the six bottles and then subdivide as required by the law. 



It should be noted in passing that the sale of food and drugs act 

 provides a penalty for refusing to sell an article to any officer. 



The certificate of analysis and findings of the public analyst are con- 

 sidered as evidence in the courts, but the analyst is always subject to 

 call for testimony at the wish of the defendant or prosecutor. While 

 this is specifically provided for in the sale of food and drugs act, 187 

 (sec. 21) and 1899 (sec. 22), when certificates are submitted by both 

 parties interested in the prosecution and the results given are more 

 or less contradictory, it is left to the magistrate to determine which is 

 the more reliable. If the difference is a matter which can be deter- 

 mined by analysis of the third or reserve sample, the magistrate in sucr 

 cases adjourns the case for a report on that sample by the principa. 

 chemist of the Government (inland revenue) laboratory. 



GUARANTIES. 



One of the important sections of the act of 1875 is section 25, as 

 amended by section 20 of the act of 1899. These sections deal witl| 

 the question of warranty. The act of 1875 (sec. 25) provides that 



If the defendant in any prosecution under this act prove to the satisfaction of th< 

 justices or court that he had purchased the article in question as the same in nature 

 substance, and quality as that demanded of him by the prosecutor, and with a writtei 

 warranty to that effect, that he had no reason to believe at the time when he sold i 



