XVII LEGAL POWERS IN ENGLAND 319 



Assizes, held November 1909, the proprietor of the Woodlands 

 School, near Conway, obtained, under the Sale of Goods Act, 

 1893, £500 in damages against a dairyman for supplying 

 milk which, it was alleged, had caused an outbreak of 

 typhoid fever in the school. The evidence adduced as to the 

 cause of the school outbreak was conflicting, but the facts 

 in favour of milk causation were very cogent, and after a 

 four days' hearing the jury awarded the above damages. An 

 important practical point raised by the jury was whether, 

 assuming the farmer to have taken all possible precautions, 

 would this fact affect the question of liability, a question 

 which Mr. Justice Bray answered emphatically in the negative. 

 The question of the prohibition of preservatives in milk 

 is one of great importance. The necessary legal powers are 

 contained in Sections 3 and 6 of the Sale of Food and 

 Drugs Act, 1875, and a very large number of successful pro- 

 secutions have been instituted under one or other of these 

 sections. The likelihood of a successful prosecution has been 

 increased by the issue by the Local Government Board of a 

 Circular to Local Authorities, dated July 1906, upon pre- 

 servatives in milk. The circular states : 



In some districts action under the Sale of Food and Drugs Acts 

 has been frequently and successfully taken in order to bring about 

 the disuse of preservatives in milk. Proceedings instituted against 

 vendors of milk containing preservatives have usually been taken 

 under Section 6 of the Sale of Food and Drugs Act, 1875. Con- 

 viction has followed, it being held that when the purchaser who 

 asks for milk is supplied with milk plus a preservative he does not 

 receive an article of the nature, substance, and quality demanded, 

 and is prejudiced thereby. 



The Board are of opinion that action under the Sale of Food 

 and Drugs Acts in regard to preservatives in milk is desirable, and 

 that this subject deserves attention from all authorities in England 

 and Wales charged with the execution of these Acts. 



The Board would suggest that the Council should notify to 

 milk traders, by circular or otherwise, that action will be taken 

 under the Sale of Food and Drugs Acts in instances where pre- 

 servatives are reported in milk. Subject to this being done, and 

 to exceptional cases .... the Board consider that when the 

 presence of any added preservative is reported in a sample of milk 

 taken in accordance with the provisions of the Sale of Food and 

 Drugs Acts, the case should in ordinary circumstances be regarded 

 as one for the institution of proceedings under those Acts. 



