SOLICITOR TO THE BOARD OF TRADE v. ERNEST: Business names-Furnishing false statement--Whether a continuing STONE v. WOOD: Army-Military service Exception-Minister-Ordination after the PAGE 600 42 T. THOMSON. DIRECTOR OF PUBLIC PROSECUTIONS : Evidence Gross indecency with male persons-Issue of identity 189 W. WARRINGTON v. WINDHILL INDUSTRIAL CO-OPERATIVE SOCIETY LIMITED : WEDGE v. MALINS: Army--Military service" Rejection "-Postponement of medical WELCH V. RUSSELL: Defence of the realm-Food control-Emergency legislation- WELTON V. RAFFLES : 218 160 .. 250 Licensing-Gaming-Suffering gaming on licensed premises-Game s. 79 WHITTAKER V. FORSHAW: Food and drugs-Adulteration-Milk-Sale by servant without 534 .. 475 WILLIAMS v. LETHEREN: drugs-Adulteration-False warranty Information- WILLIAMS v. REES : Food and drugs-Sale-New milk-Deficiency in fat-Milk as from PAGE 419 .. 173 PAGE GOLD AND SILVER (EXPORT CONTROL) ACT, 1920 (10 & 11 Geo. 5, c. 70 JUVENILE COURTS (METROPOLIS) ACT, 1920 (10 & 11 Geo. 5, c. 68) MARRIED WOMEN (MAINTENANCE) ACT, 1920 (10 & 11 Geo. 5, c. 63) REPORTS OF Criminal Law Cases. KING'S BENCH DIVISION. Tuesday, May 22, 1917. (Before Lord READING, C.J., AVORY and SHEARMAN, JJ.) ELDER (app.) v. BISHOP AUCKLAND CO-OPERATIVE SOCIETY (resps.) (a) Food and Drugs- Milk - Adulteration -- Warranty Sale by servant-Scope of servant's employment-Limited authority— Misuse of limited authority-Delivery of milk under contract -Milk sent by train-Arrival at railway station-Removal from railway station-Tampering with miik during the time it was at railway station-Sale of Food and Drugs Act, 1875 (38 39 Vict. c. 63), 88. 6, 25. The respondents, a co-operative society, as purchasers of milk, entered into a written contract for the supply of the same, and the vendor gave a written warranty as to the milk being genuine. The contract did not mention any particular railway station as a place of delivery, but merely stated that the milk was to be supplied to a particular branch of the co-operative society, "carriage paid," on certain terms. A certain consignment of milk arrived at F. Railway Station, and remained there for several hours before it was taken possession of by a servant of the respondents. When he had received the milk it was the duty of the servant to supply the same to members of the society, but he had no authority to sell any of it to any person who was not a member of the society and who had not previously ordered a supply. While on his rounds the servant sold a pint of milk to an inspector duly appointed to administer the Sale of Food and Drugs Acts, and the milk was found on analysis to be deficient in fat. Held, allowing the appeal, that a finding that the servant had no authority to sell milk to persons other than members of the respondents' society was not a finding that he had no authority to sell, but a finding that he had a limited authority to sell; that the sale of milk to the inspector was a misuse of his limited authority, although not outside the scope of his authority, and that therefore the respondents were liable for the sale. (a) Reported by J. A. SLATER, Esq., Barrister-at-Law. VOL XXVI. B |