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milk, see section 34, Contagious Diseases (Animals) Act, 1878. The Metropolitan Board of Works are the local authority under this Act for the metropolis, excepting the city of London.
Keeping of Pigs.
No person (within the metropolis) shall keep swine in any locality, premises, or place which is unfit for the keeping of swine. Penalty for disobeying magistrate's order for removal of swine, ten shillings per day. See section 91, Metropolis Local Management Act, 1862.
Metropolis Local Management Act, 1855, section 103. Metropolis Local Management Amendment Act, 1862,
Any cellar let as a dwelling must be seven feet high from floor to ceiling. The ceiling must be one foot above the level of the footway. It must have a fireplace, a privy or water-closet, a window nine feet superficial and made to open, an ashpit or dustbin, and must be properly drained. There must be an area three feet wide along the front of such cellar.
SALE OF FOOD AND DRUGS AMENDMENT ACT.
42 & 43 Vict. CHAP. 30.
An Act to amend the Sale of Food and Drugs Act, 1875.
[21st July, 1879.]
WHEREAS conflicting decisions have been given in England and in Scotland in regard to the meaning and effect of section 6 of the Sale of Food and Drugs Act, 1875, in this Act referred to as the principal Act, and it is expedient, in this respect and otherwise, to amend the said Act: Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
1. Short title.—This Act may be cited for all purposes as the Sale of Food and Drugs Act Amendment Act, 1879.
2. In sale of adulterated articles no defence to allege purchase for analysis.-In any prosecution under the provisions of the principal Act for selling to the prejudice of the purchaser any article of food or any drug which is not of the nature, substance, and quality of the article demanded by such purchaser, it shall be no defence to any such prosecution to allege that the purchaser, having bought only for analysis, was not prejudiced by such sale. Neither shall it be a good defence to prove that the article of food or drug in question, though defective in nature, or in substance, or in quality, was not defective in all three respects.
3. Officer, inspector, or constable may obtain a sample of milk at the place of delivery to submit to analyst.-Any medical officer of health, inspector of nuisances, or inspector of weights and measures, or any inspector of a market, or any police constable under the direction and at the cost of the local authority appointing such officer, inspector, or constable, or charged with the execution of this Act, may procure at the place of delivery any sample of any milk in course of delivery to the purchaser or consignee in pursuance of any contract for the sale to such purchaser or consignee of such milk; and such officer, inspector, or constable, if he suspect the same to have been sold contrary to any of the provisions of the principal Act, shall submit the same to be analyzed, and the same shall be analyzed, and proceedings shall be taken, and penalties on conviction be enforced in like manner in all respects as if such officer, inspector, or constable had purchased the same from the seller or consignor under section 13 of the principal Act.
4. Penalty for refusal to give milk for analysis. — The seller or consignor or any person or persons entrusted by him for the time being with the charge of such milk, if he shall refuse to allow such officer, inspector, or constable to take the quantity which such officer, inspector, or constable shall require for the purpose of analysis, shall be liable to a penalty not exceeding ten pounds.
5. Extension of Act as to sale in streets, &c.—Any street or open place of public resort shall be held to come within the meaning of section 17 of the principal Act.
6. Reduction allowed to the extent of twenty-five degrees under proof for brandy, whisky, or rum, and thirty-five degrees for gin.-In determining whether an offence has been committed under section 6 of the said Act by selling, to the prejudice of the purchaser, spirits not adulterated otherwise than by the admixture of water, it shall be a good defence to prove that such admixture has not reduced the spirit more than twenty-five degrees under proof for brandy, whisky, or rum, or thirty-five degrees under proof for gin.
7. Extension of meaning of "county.”—Every liberty having a separate court of quarter sessions, except a liberty of a cinque port, shall be deemed to be a county within the meaning of the said Act.
8. Quarter sessions boroughs not to contribute to county analyst.— The town council of any borough having a separate court of quarter sessions shall be exempt from contributing towards the expenses incurred in the execution of the principal Act in respect of the county within which such borough is situate, and the treasurer of the county shall exclude the expenses so incurred from the account required by section 117 of the Municipal Corporation Act, 1835, to be sent by him to such town council.
9. Provision for boroughs with separate police.The town council of any borough having under any general or local Act of Parliament, or otherwise, a separate police establishment, and being liable to be assessed to the county rate of the county within which the borough is situate, shall be paid by the justices of such county the proportionate amount contributed towards the expenses incurred by the county in the execution of the principal Act by the several parishes and parts of parishes within such borough in respect of the rateable value of the property assessable therein, as ascertained by the valuation lists for the time being in force.
10. Special provision as to time for proceedings.In all prosecutions under the principal Act, and notwithstanding the provisions of section 20 of the said Act, the summons to appear before the magistrates shall be served upon the person charged with violating the provisions of the said Act within a reasonable time, and in the case of a perishable article not exceeding twenty-eight days from the time of the purchase from such person for test purposes of the food or drug, for the sale of which in contravention to the terms of the principal Act the seller is rendered liable to prosecution, and particulars of the offence or offences against the said Act of which the seller is accused, and also the name of the prosecutor shall be