798 Quarterly Report of the Chemical Committee. Dec., 1893 . 
analyst, one of tlie samples selected, or another sample selected in like 
manner, may, at the request of the seller, or, as the case may be, the buyer, 
be submitted with the invoice or a copy thereof to the chief analyst, and the 
seller, or, as the case may be, the buyer, shall, on payment of a fee sanctioned 
by the Treasury, be entitled to have the sample analysed by the chief 
analyst, and to receive from him a certificate of the result of his analysis. 
(5.) At the bearing of any civil or criminal proceeding with respect to 
any article analysed in pursuance of this section, the product ion of a certificate 
of the district analyst, or, if a sample has been submitted to the chief analyst, 
then of the chief analyst, shall be sufficient evidence of the facts therein 
stated, unless the defendant or person charged requires that the analyst be 
called as a witness. 
(G.) The costs of and incidental to the obtaining of any analysis in 
pursuance of this section shall be borne by the seller or the buyer in 
accordance with the results of the analysis, and shall be recoverable as a 
simple contract debt. 
Penalty for tampering. 
6. If any person knowingly and fraudulently — 
(a) tampers with any parcel of fertiliser or feeding stuff so as to procure 
that any sample of it taken in pursuance of this Act does not correctly 
represent the contents of the parcel ; or 
(b) tampers with any sample taken under this Act ; 
he shall be liable on summary conviction to a fine not exceeding twenty 
pounds, or to imprisonment for a term not exceeding six months. 
Prosecutions and appeals. 
*7. — (1.) A prosecution for an offence under this Act may be instituted 
either by the person aggrieved, or by the council of a county or borough, 
or by any body or association authorised in that behalf by the Board of 
Agriculture, but in the case of an offence under section three shall not be 
instituted by the person aggrieved or by any body or association except on 
a certificate by the Board of Agriculture that there is reasonable ground for 
the prosecution. 
(2.) Any person aggrieved by a summary conviction under this Act 
may appeal to a court of quarter sessions. 
Construction and application. 
3 . — (1.) For the purposes of this Act the expression “ cattle ” shall mean 
bulls, cows, oxen, heifers, calves, sheep, goats, swine, and horses ; and the 
expressions “ soluble ” and “ insoluble ” shall respectively mean soluble 
and insoluble in water. 
(2.) This Act shall apply to wholesale as well as retail sales. 
Application to Scotland. 
©. In the application of this Act to Scotland — 
(1) The expression “council of any county borough ” shall mean the 
magistrates and town council of a burgh, and the duties and powers of 
councils of counties and county burghs shall be performed and be exerciseable 
in a county by the county councils or district committees thereof, and in a 
burgh bv the magistrates and town council, and the remuneration of district 
analysts appointed under this Act shall be paid in the case of a county out 
of the consolidated rate, and in the case of a burgh out of the police or 
burgh general assessment. 
