372 



Milk Contracts. 



[sept., 



time to time been addressed to the Board, it would seem that 

 churns of milk are frequently lost after they have arrived at one of 

 the large London railway termini. The existing practice at rail- 

 way stations is for the railway officials to " check in," that is, to 

 make a note of the milk as it is unloaded. The position taken by 

 railway companies in regard to claims for losses of milk which 

 has been " checked in," invariably is that the consignees are 

 themselves alone to blame for not having been present to take 

 possession of the churns before they can be removed by unau- 

 thorised persons or stolen. The question whether the seller or 

 the purchaser is to bear any losses which may occur depends, 

 therefore, on the wording of the contracts, and is a point on 

 which many of the contracts appear to be vague and indefinite. 



It seems reasonable that the milk dealers should pay 

 for milk lost after "checking in," as it lies in their power to 

 prevent such loss by the exercise of ordinary care in taking 

 possession of consignments of milk addressed to them. Farmers 

 and Dairy Associations, therefore, might with advantage arrange 

 for the insertion of a clause to the effect that, in the event of the 

 signature of the purchaser or his servants not being taken by 

 the railway company at the place of delivery or of arrival, 

 " checking in " by the railway company's servants should be 

 deemed to constitute delivery to the purchaser. 



The question of the warranty as to purity is another point 

 which farmers would do well to consider carefully before 

 signing their contracts. The guarantee which every farmer 

 is in a position to give is to the effect that he warrants all 

 the milk delivered by him to be absolutely pure as produced 

 by the cow, with all its natural fat, and free from any adultera- 

 tion ; that all the strippings as well as the first part of the milk 

 shall be delivered to the purchaser, and that on no account 

 shall the vendor allow his cows to be partly milked and 

 deliver a portion only to the purchaser. 



Many contracts, however, go further than this, and require 

 the milk to contain not less than or 3J per cent. fat. A 

 requirement of this character no doubt finds a compensation 

 in the price to be paid, but it is important that farmers should 

 see that no undue penalty is to be exacted from them in the 

 event of non-compliance w.ith the contract in this respect. 



