Page:Halsbury Laws of England v1 1907.pdf/511

 Part YIII.

— Miscellaneous.

289

Sect. 11. of Agriculture and Fisheries may make regulaSale and with respect to any matter requiring to be prescribed Adulteraas to the qualifications to be possessed by agricultural (b) tion. (c) as analysts, deputy agricultural analysts, and official samplers (d) as to the Power of to the manner in ^Yhich analyses are to be made manner in which samples are to be taken and dealt with and Board of Agriculture provided that nothing in any such regulations and Fisheries (e) generally shall alfect the right of the purchaser of a fertiliser or feeding to make stuff to have analysed by the agricultural analyst a sample of regulations. an article taken by him or at his request otherwise than in accordAll such regulations must be laid ance with the regulations. before both Houses of Parliament as soon as may be after they

636. The Board

tions

—

(a)











are

made

(g).

637. The council of a county or county borough may (i.) concur "^^^^^^j^^^^^^^^J^cj with one or more other such councils in making any appointment county^ ^ of an agricultural analyst or deputy, or official sampler, and as borough to the apportionment in the case of such a joint appointment of councils, (ii.) contribute towards the expenses amongst the several councils any expenses incurred by any agricultural body or association in causing samples to be taken for analysis by the agricultural (iii.) fix the fees payable in respect of the making of analyst any analysis and the taking of any sample at the request of a purchaser.



638. The expenses

any such council incurred

in the execution Expenses of be defrayed in the case of a county council county and as part of their general expenses, and in the case of a county borough borough councils. council out of the borough fund or borough rate (h). of

of these provisions are to

639. If any person who sells any article for use as a fertiliser or Penalties for feeding stufi^, (a) fails without reasonable excuse to give, on or breach of duty by before or as soon as possible after the delivery of the article, the seller. requisite invoice, or (b) 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 for use as a feeding stuff any article which contains any ingredient deleterious to cattle or poultry, or to which has been added any ingredient worthless for feeding purposes and not disclosed at the time of the sale, he is^ without prejudice to any civil liability, liable, on summary conviction, for a first offence to a fine not exceeding ^£20, and for any subsequent offence to a fine not exceeding £50 but no person may be convicted of the offence relating to a false invoice or description if he proves either (i.) that he did not know, and could not with reasonable care have ascertained, that the invoice or description was false, or (ii.) that he purchased the article sold with a written warranty or invoice from a person in the United Kingdom, and that that warranty or invoice contained the false statement in question,, and that he had no reason to believe at the time when he sold the

and Feeding Stuffs Act, 1906 (6 Edw. 7, c. 27), s. 4. Eegulamade by orders of the Board dated December 27, 1906, under headings " General," *' Sampling etc.," and "Limits of Error." (g) Fertilisers

tions have been (h) Ibid.,

H.L.-

s. 5.

U