658 BILL TO AMEND ADULTERATION OF FOOD OR DRINK ACT, 1860. 
samples of articles of food or drink and drugs suspected to be adulterated to be analysed by 
the analysts appointed under this Act, and shall, upon receiving a certificate stating that 
the articles of food or drink or drugs are adulterated, cause a complaint of an offence 
against this Act by the party selling or adulterating such articles of food or drink or 
drugs to be made before a justice of the peace, and thereupon such justice shall issue a 
summons requiring the seller or the adulterator to appear before two justices of the peace 
at petty sessions in England, and in Scotland before two justices of the peace in the 
justice of the peace court, or before the sheriff substitute of the county, or before justices 
of petty sessions or divisional justices in Ireland, to answer such complaint, and such 
summons shall be served by delivering the same, or a true copy thereof, upon the pre¬ 
mises where such samples were obtained or sold, and the expense of such prosecutions, 
if not ordered to be paid by the party complained against, shall be deemed part of the 
expense of executing this Act. 
6. The analysts appointed under this Act shall report quarterly to the local authorities 
appointing them the number of articles of food, drink, or drugs analysed by them under 
this Act during the foregoing quarter, and shall specify the nature and kind of adultera¬ 
tions detected in such articles of food, drink, and drugs, and all such reports shall be 
read at the meetings of the local authorities appointing such analysts. 
7. On the hearing by the justices of any complaint under this Act in any district, 
county, city, or borough wherein analysts shall have been appointed under this Act, the 
purchaser, or inspector of nuisances, or the inspector of weights and measures, or the 
inspector of markets, as the case may be, shall prove to the satisfaction of such justices 
that the article of food or drink or drugs alleged to be adulterated was delivered to the 
analysts in the same condition as regards its purity or impurity as it was when received 
from the seller. 
8. Any purchaser of any article of food or drink or drugs in any district, county, city, 
or borough where there is any analyst appointed under this Act shall be entitled, on 
payment to the inspector or inspectors appointed under this Act of a sum not less than 
one shilling nor more than five shillings, to have any such article analysed by any ana¬ 
lyst who may be appointed for such district, county, city, or borough, and to receive 
from such analyst a certificate of the result of his analysis, specifying whether, in his 
opinion, such article is adulterated, and also, whether, if it be an article of food or drink, 
it is so adulterated as to be injurious to the health of persons eating or drinking the 
same, and such certificate, duly signed by such analyst, shall, in the absence of any evi¬ 
dence before the justices, or in any court of justices to the contrary, be sufficient evidence 
of the matters therein certified, and the sum so directed to be paid for such certificate 
shall be deemed part of the costs. 
9. All articles of food, drink, or drugs to be analysed by the analysts appointed under 
this Act shall be received by the inspectors appointed by the local authorities, and from 
all such articles of food, drink, or drugs, samples shall be taken and sealed in the pre¬ 
sence of the analysts by the inspectors, to be retained by them and produced in case the 
justices shall order other analyses to be made under clause of this Act. 
10. Any person who has been convicted of any offence punishable by this Act by any 
justices may appeal to the next general or quarter sessions of the peace which shall be 
held for the city, county, town, or place wherein such judgment or conviction shall have 
been made, of in the case of the conviction having been before a sheriff substitute in 
Scotland, then the appeal shall be to the sheriff of the county, provided that such per¬ 
son enter into a recognizance within two days next after such conviction, with two suffi¬ 
cient sureties, conditioned to try such appeal, and to be forthcoming to abide the judg¬ 
ment and determination of the court at such general or quarter sessions, or sheriff, and 
to pay such costs as shall be by such court awarded ; and the justices before whom such 
conviction shall be had are hereby empowered and required to take such recognizance ; 
and the court at such general or quarter sessions, or sheriff, are hereby authorized and 
required to hear and finally determine the matter of every such appeal, and may award 
such costs to the party appealing or appealed against as they shall think proper. 
11. If any such conviction or judgment or order of forfeiture shall happen to be 
made within six days before any general or quarter sessions of the peace shall be held 
for the city, county, town, or place wherein such conviction shall have been made, the 
person who shall think himself aggrieved by any such conviction may, on entering into 
a recognizance in manner and for the purposes before directed, be at liberty to appeal 
