BELOW STANDARD

New Zealand Times, Volume XLII, Issue 9620, 28 March 1917, Page 8

BELOW STANDARD

MILK VENDORS PROSECUTED SEVERAL FIXES AND TWO WITHDRAWALS. Several milk vendors were prosecuted in the Magistrate’s Court yesterday before Mr L. G. Reid, S.M., for selling adulterated milk. Mr V. E. Meredith appeared on behalf of the Health Department. Two cases were dismissed as the names' defendants were charged under, although describing the firm correctly at one time, were not correct as they had been altered prior to the time the alleged offences were committed.

The first of these cases was against Messrs Cole. Crump and _ Cundy milk vendors, charged with selling milk that was deficient in butter-fat. Mt MMyers, who appeared for defendants, asked that the charges should be withdrawn as the firm of Cole, Crump and Cundy was not existent, the firm being now known as Cole, Crump and BranMi- Meredith made application for amendment of the persons charged to Oole, Crump and Brandon. Mr Myers replied that this might possibly lead to a conviction against a party who was not guilty. His Worship remarked that possibly the charge might bo amended. Mr Myers: "The Court cannot amend by adding the name of a person who has never been served.” His Worship replied that the amendment was merely substituting one name for another. Mr Myers: '"ln. that case Brandon will be made liable." Mr Meredith remarked that at any rate he was entitled to convictions against Sidney Gerald Cole and M ilhatn Walter Crump as they were still members of the firm. Mr Myers held that the information could not amended in this direction and His Worship upheld the contention. The iT*fnrmatiAri was dismissed out prejudice. His Worship making a note of Mr Meredith’s eon’vsntion that the Department was entitled to a conviction against Cole and Crump psmemb—r -f-+b«. present firm. Dnffv, Monro and Boniface were charger with on August 22nd, 1916, . selling milk below the standard required by the regulations in regard to mi k fat. On behalf of the defendants Mr Myers t-hat at the time the a’leged offence had been committed Duffy, Munro and Boniface did not exist ns they had been merged into a company. He pointed out that as the alleged offence was over six months old a new information could not be laid. . His Worship upheld the contention and dismissed the case. Other milk vendors charged with selling milk below the required standard were dealt with as follows Denjs Su’livan. fined A 3 and costs. Barnett Goldstein, fined -AS and costs. James Mills. £> and costs. Nash Milk Distributing Co., Ltd., * Walter Bussell. M on each of two chargee. Wellington Dairy Co.. £o on one charge and JEW on the oth°r. Edward John Parker. --R3 and <<>"S. Mr M. Myers appeared for all dofenflants except Goldstein and Parker.