NOT LEGAL TENDER

New Zealand Times, Volume XXXVI, Issue 8183, 26 July 1912, Page 9

NOT LEGAL TENDER

CHARGE AGAINST DAIRYMAN DISMISSED. His Worship Mr W. G. Riddell, S.M., yesterday dismissed the information in the case in which James Jepson, a Wellington milk vendor, was charged with having sold milk, to which had been added water and borun compound. Inspector Schauer stated that on June 6th he obtained from defendant's wife a pint of milk for. the purposes of analysis, and for this he tendered one shilling in payment of the price, twopence. The shilling was not accepted, as Mrs Jepson did not have the necessary change, and defendant received no payment for tho milk.

Mr M. Myers, who appeared for defendant, argued that the tender of a shilling was not a legal tender, the shilling l not being the current market value of tho pint of milk. Applying the law laid down by various authorities his Worship thought that in the present case it must be held that the inspector failed to legally tender to defendant the price of the milk. The statute fixed the conditions, which must be observed by those who wished to obtain an article of food for analysis and if a prosecution was likely to follow, these conditions should be strictly observed. The information was dismissed.