42 
JOURNAL OF HORTICULTURE AND COTTAGE GARDENER. 
January 11, 1894. 
that it is prepared from any particular substance, or from any two or 
more particular substances, or is the product of any particular seed, or 
of any two or more particular seeds, and without any indication that it 
is mixed or compounded with any other substance or seed, there is to be 
implied a warranty by the seller that it is pure, that is to say, is prepared 
from that substance or those substances only or is a product of that seed 
or those seeds only. 
On the sale of any feeding; stuff there is to be implied a warranty by 
the seller that the article is suitable for feeding purposes. 
Any statement by the seller of the per-centages of nutritive and other 
ingredients contained in any feeding stuff made after the commencement 
of the Act in an invoice of such feeding stuff, or in any circular or adver¬ 
tisement descriptive of such feeding stuff, is to have effect as a warranty 
by the seller. 
For the purposes of the Act, the expression “ cattle ” means bulls, 
cows, heifers, calves, sheep, goats, swine, and horses. 
Peovisions Relating to Taking Samples and Obtaining 
Analyses. 
The Act provides for the appointment of a chief analyst by the 
Board and of district analysts by local authorities. 
Every purchaser of any fertiliser or feeding stuff, on payment to a 
district analyst of a fee sanctioned by the body who appointed the 
analyst, is entitled, within ten days after delivery of the article to the 
purchaser, or receipt of the invoice by the purchaser, whichever is later, 
to have the article analysed by the analyst, and to receive from him a 
certificate of the result of his analysis in the form prescribed by the 
Board. 
Where a purchaser desires to have an article thus analysed he may, 
in accordance with regulations made by the Board, take three samples 
of the article for the purpose of analysis. 
A copy of the Fertilisers and Feeding Stuffs Regulations, 1893, which 
have been made by the Board, appears at the end of this leaflet. These 
regulations must be strictly followed by any purchaser who takes the 
samples himself. 
The Act provides, however, that a district analyst, or some person 
authorised by him in that behalf, with the approval of the body who 
appointed the analyst, shall, on request either by the purchaser or by 
the seller, and on payment of a fee sanctioned by the said body, take 
the samples on behalf of the purchaser. 
It will be observed that the purchaser has the option of setting the 
Act in motion by merely sending to the district analyst, within ten days 
after delivery of the article to him or receipt of the invoice, whichever 
is later, a notice in writing stating that he desires that the samples shall 
be taken by the district analyst, and also stating the names and ad¬ 
dresses of the purchaser and the seller, and such particulars as may be 
necessary to enable the district analyst to identify the article to be 
analysed. 
The purchaser is, at or before the time when the samples are thus 
taken, to supply the district analyst with the invoice or a copy thereof, 
and also, in the case of a feeding stuff, with any circular or advertise¬ 
ment of the seller descriptive of the article to be analysed, which the 
purchaser may wish the district analyst to consider in making his 
analysis and giving his certificate. 
When the purchaser intends to take the samples himself, he is to 
give three days’ notice in writing of such intention to the seller, with 
particulars as to the place, day, and hour of sampling. If the seller does 
not attend, the samples are to be taken in the presence of a witness, 
who is to initial each sample. 
The purchaser is immediately to deliver or send by post to the dis¬ 
trict analyst one of such samples with a report of the case, the invoice, 
or a copy thereof, and also, in the case of a feeding stuff, any circular 
or advertisement of the seller descriptive of the article to be analysed, 
which the purchaser may wish the district analyst to consider in making 
his analysis and giving his certificate. One of the remaining samples is 
to be delivered or sent by post to the seller, and the other is to be re¬ 
tained by the purchaser. 
All samples are to be so packed and secured that they cannot be 
tampered with, and to be sealed and initialed by the person taking the 
sample, and numbered consecutively, and they may also be sealed by 
the purchaser and the seller, if present and so desiring. Each sample is 
to be endorsed with the name of the article, and the date and place of 
the sampling. 
Where any samples are taken in the presence of and sealed by the 
seller as well as the purchaser, such samples are to be deemed, as be¬ 
tween the purchaser and seller, to have been taken in accordance with 
the above mentioned regulations. 
If the seller or the purchaser objects to the certificate of the district 
analyst, one of the samples selected, or another sample selected in like 
manner, may, at the request of the seller, or, as the case may be, the 
purchaser, be submitted to the chief analyst with the invoice or a copy 
thereof, and any such circular or advertisement as above mentioned, 
and the seller, or, as the case may be, the purchaser, is, on payment of 
a fee sanctioned by the Treasury, entitled to have the sample analysed 
by the chief analyst, and to receive from him a certificate of the result 
of his analysis. The fees approved by the Treasury for analyses by the 
chief analyst are, one guinea for each of the more diflScult and complex 
samples, and half a guinea for each of those of a simpler character, the 
chief analyst determining in each case whether the higher or lower fee 
shall be charged. 
The cost of and incidental to obtaining any analysis in pursuance of 
the above provisions are to be borne by the seller or the purchaser in 
accordance with the results of the analysis, and to be recoverable as a 
simple contract debt. 
Peovisions Relating to Offences, Penalties, and Legal 
Peoceedings. 
Section 3 of the Act makes the seller of any fertiliser or feeding stuff 
liable (without prejudice to any civil liability), on summary conviction, 
to a fine not exceeding £20 for a first offence, and for any subsequent 
offence to a fine not exceeding £50 if he commits any of the following 
offences—namely, 
(a) Fails without reasonable excuse to give, on or before, or as soon 
as soon as possible after, the delivery of the article, the invoice required 
by the Act; or 
(h') Causes or permits any invoice or description of the article sold 
by him to be false in any material particular to the prejudice of the 
purchaser; or 
(c) Sells as a feeding stuff any article which contains any in¬ 
gredient deleterious to cattle, or to which has been added any in¬ 
gredient worthless for feeding purposes and not disclosed at the time of 
the sale. 
In any proceeding for an offence under this section it will be no 
defence to allege that the purchaser, having bought only for analysis, 
was not prejudiced by the sale. 
A person alleged to have committed an offence under the preceding 
provisions in respect of an article sold by him, will be entitled to the 
same rights and remedies, civil or criminal, against the person from 
whom he bought the article as are available to the person who bought 
the article from him, and any damages recovered by him may, if the 
circumstances justify it, include the amount of any fine and costs paid 
by him on his conviction, and the costs of and incidental to his defence 
on such conviction. 
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 the Act does not 
correctly represent the content of the parcel; or 
(V) Tampers with any sample taken under the Act ; 
he will be liable, under section 6 of the Act, on summary conviction to 
a fine not exceeding £20, or to imprisonment for a term not exceeding 
six months. 
Section 7 of the Act provides that a prosecution may be instituted 
either by the person aggrieved or by the local authorities, or by any 
body or association authorised in that behalf by the Board, but that in 
the case of an offence under section 3 of the Act, no prosecutiom shall 
be instituted by the person aggrieved or by any body or association 
except on a certificate by the Board that there is reasonable ground for 
the prosecution. 
It also provides that any person aggrieved by a summary conviction 
under the Act may appeal therefrom in accordance with the provisions 
of the Summary Jurisdiction Acts. 
At the hearing of any civil or criminal proceeding with respect to 
any article analysed in pursuance of the above provision, the production 
of a certificate of the district analyst, or if a sample has been submitted 
to the chief anaylst, will be sufficient evidence of the facts therein 
stated, unless the defendant or person charged requires that the analyst 
be called as a witness .—{Board of Agriculture). 
METEOROLOaiCAL OBSERVATIONS. 
Oamden Squabb, London. 
Lat.Sl® 32'40" N.; Loag. 0° 8/ 0" W.; Altitude, 111 feet. 
Date. 
9 A.M. 
In the Day, 
A 
09 
1893, 
December 
and 
January. 
1 Barometer 
1 at 32°, and 
1 Sea Level. 
Hygrometer. 
Direc¬ 
tion of 
Wind. 
Temp, 
of soil 
at 
1 foot. 
Shade Tem¬ 
perature. 
Eadiation 
Temperature 
Dry. 
Wet. 
Max. 
Min. 
In 
Sun. 
On 
Grass. 
Inchs. 
deg. 
deg. 
deg. 
deg. 
deg. 
deg. 
deg. 
Inchs. 
Sunday .. 
31 
30-556 
23-0 
22-4 
Calm. 
38-1 
38-0 
21-2 
37-3 
22-1 
0-012 
Monday ., 
1 
30-335 
35-7 
34-7 
N.W. 
37-2 
38-0 
22-1 
45-4 
22-1 
— 
Tuesday .. 
2 
30-216 
34-1 
33-2 
N. 
36-9 
36*4 
320 
46-9 
28-2 
0-047 
Wednesday 
3 
30-572 
27-9 
26-1 
B. 
36-8 
31-0 
24-8 
41-1 
23-0» 
0-048 
Thursday.. 
4 
30-288 
24.7 
23-8 
n.e. 
36-2 
25-9 
23-1 
39-8 
20-4* 
0-029 
Friday 
5 
29-85^ 
14-3 
13-9 
B. 
35-9 
19-8 
13-1 
38-2 
20-2« 
0-115 
Saturday .. 
6 
29-647 
23-6 
23-1 
N.E. 
35-6 
25-3 
13-6 
30-0 
14-3* 
— 
30-210 
26 2 
25-3 
36-7 
31-1 
21-4 
39-8 
21-5 
0-251 
* Covered by the falling snow. 
EEMAEKS. 
31st.—Cold,with bright sunshine, and much rime in morning; cloudy afternoon; a 
little fog in evening. 
Isl.—Fine with occasional gleams of sun in morning; generally sunny in afternoon; 
fair evening. 
2nd.—Fine with frequent sunshine in morning; snow showers at 0.30 P.M., and from 
2.15 p.M. to 2.45 P.M., and occasional flakes later. 
3rd.—Sufficient snow to cover the ground early, and frequent flakes or very slight 
falls all morning; much bright sunshine in afternoon ; overcast evening; 
snow again at night, with high wind. 
4th.—Snow early, making the depth on the ground about an inch by 9 A.M.; occasional 
gleams of sun, and frequent sprinkles of snow all day. 
5th.—Frequent sprinkles of snow early (about 1 inch); bright sunshine from 10 A.M. 
to noon; overcast afternoon and evening ; snow at night. 
6th.—Snow early (2 inches deep by 9 A.M.), and overcast after ; fog in evening. 
A cold week, temperature much below the average, but not quite so cold as the 
corresponding week of 1893,—G. J. Symons. 
