Page:Halsbury Laws of England v1 1907.pdf/512

.

Agricultuee.

290 Sect.

11.

Sale and Adulteration.

Want

of

prejudice no defence

Consent of Board of Agriculture to prosecution.

Requisites of

summons.

Penalties for

tampering.

Obstructing official

sampler.

Institution of prosecution.

article that the

false, and that he sold the was when he purchased it (i).

statement was

the state in which

it

article in

640. In a proceeding for any of the above offences it is no defence to allege that the purchaser, having bought only for analysis, was not prejudiced by the sale (/<:). No prosecution for any of the above offences may be instituted except with the consent of the Board of Agriculture and Fisheries, which consent may not be given until the part of the sample retained by the agricultural analyst has been analysed, and a certificate of analysis given, by the chief analyst (I). In any such prosecution the summons must state particulars of the offences alleged, and also the name of the prosecutor, and will not be made returnable in less time than fourteen days from the day on which it is served; and there must be served therewith a copy of any analyst's certificate obtained on behalf of the prosecutor (m). 641. Any person fraudulently (a) tampering with any article so as to procure that any sample of it does not correctly represent the article, or (b) tampering with any sample taken as before mentioned, is liable on summary conviction to a fine not exceeding ^20, or to imprisonment for a term not exceeding six months (n).

642. If the owner, or the person intrusted for the time being with the charge or custody of any article sold or intended to be sold for use as a fertiHser or feeding stuff, refuses to allow an official sampler to take a sample of the article for the purpose of analysis, or if the purchaser of any such article refuses to give to an official sampler the invoice of the article or a copy thereof or of any prescribed part thereof, the person so offending is liable on summary conviction to a fine not exceeding £10 (o). 643. Subject to the provisions as to the consent of the Board of Agriculture and Fisheries, a prosecution for any of the abovementioned offences may be instituted either by the person aggrieved, or by the council of a county or borough, or by any body or association authorised in that behalf by the Board of Agriculture and Fisheries (p). But a prosecution for an offence of causing or permitting an invoice or description to be false in any material particular may not be instituted after the expiration of three months from the date when the invoice was received by the purchaser, and not then unless a sample for analysis has been taken, and an analysis by the Under (-/) FertiHsers and Feeding Stuffs Act, 1906 (6 Edw. 7, c. 27), s. 6 (1). the repealed Act of 1893, it was lield that mens rea was not a constituent element of the offence of giving an invoice or description false in a material particular (Laird v. JDobell, [1906] 1 K. B. 131. See also Korten v. West Sussex County Council (1903), 72 L. J. (k. b.) 514). {k) Fertilisers and Feeding Stuffs Act, 1906 (6 Edw. 7, c. 27), s. 6 (2). {l) Ihid., s. 6 (3). (m) Ibid., s: 6 (4). {7i) -

Ibid.,

(o) Ibid.,

(p) Ibid.,

s. 7. s.

8.

8.

9

(1).