MILK CASE DISMISSED.

Auckland Star, Volume XLIV, Issue 154, 30 June 1913, Page 7

MILK CASE DISMISSED.

IMPORTANT TECHNICAL POINT.

Mr. K. C. Cutten, S.M.. gave judgment this morning in the t-a.se against Thoe. ['~ \V. liHl. heard *ome days ago, in which defendant was charged, on the information of an inspector of the Health Department, with having sold milk which was not up to the standard. A defence war- raised by Mr. E. D. Bagnall that ■section 7 of the Act. under which the information wa* laid, luad not been properly complied with. In giving judjrment. his Worship -aid that the sample uf milk had been taken from a cart driven by a servant of a contractor who had contracted !o convey defendant's milk to a point of distribution. The sample was taken during the time of a storm and at a place on the road about 150 yanls from defendarrtV; house. The inspector of the He.illh Department ivho took the sample took it tn the house and there divided it. according tn the Act, and scaled the bottles, handing over a third portion to ;i .son of defendant and nol to tlic driver uf the cart from which the sample had been taicen. Both the driver and the son were agents of the defendant, and hi.s Wnrship felt satisfied that in dividing up the >umple of milk and handing portion of it to one agent at a distance away from the other agent, from whom and in wiiose presence the. sample had been taken, thi , inspector had not sufficiently complied with the Act. If one person were treated a= the defendant's agent fur the i-upp'y of milk, he must be treated :..- the agent for the whole transaction of taking the sample. and tha.t trsn-a-etion must take place in his pres.-nee ami he must receive his due proportion uf the sample. The object was to take care that there should be no tri'-k or unfairness. While it was not filgge*ted that the inspector of the Health Department would dream o: doing anything unfair, the circumstances in the ea>e did in fart permit an opportunity for unfairne?!-. and th.it was sufficient to nullify the proi-eedinss. The information would be dismissed.