ANALYSTS AND ANALYSIS.—Public analysts for the purposes of these Acts are appointed by the local authorities with the approval of the Local Govern ment Board, and must furnish certain proofs of competency ; one authority may engage the analyst of another. Any purchaser, whether official or private, of an article of food or of a drug in any place being a district, county, city or borough, where there is any analyst appointed, under these Acts, shall be entitled, on payment to such analyst of "a sum not exceeding ten shillings and sixpence, or if there be no such analyst then acting for such place, to the, analyst of another place, of such sum as may be agreed upon between such person and the analyst, to have such article analysed by such analyst, and to receive from him a certificate of the result of his analysis. In case of proceedings being taken a copy of this certificate must be served with the summons. Under section 13 of the Act of 1875, a public officer directed to procure a sample must submit it to the analyst. The purchaser, purchasing any article with the intention of submitting the same to analysis, shall, after the purchase shall have been completed, forthwith notify to the seller or his agent selling the article, his intention to have the same analysed by the public analyst, and shall divide the article into three parts to be then and there separated, and each part to be marked and sealed or fastened up in such manner as its nature will permit ; and shall, if required to do so, deliver one of the parts to the seller or his agent. Ile shall afterwards retain one of the said parts for future comparison, and submit the third part, if he deems it right to have the article analysed, to the analyst.
It is now well settled that these last-mentioned provisions as to purchasing do not apply to private purchasers, who buy with a view to consumption. But where a sample is taken by an officer of the Local Government Board, or the Board of Agriculture, the sample has to be divided into four parts.
If the analyst do not reside within two miles of the residence of the person taking the sample, the same may be forwarded to him by post. If
any officer, inspector, or constable shall apply to purchase any article of food or any drug exposed for sale, or on sate by retail, on any premises or in any shop or stores, and shall tender the price for the quantity which he shall require for the purpose of analysis, not being more than shall be reasonably requisite, and the person exposing the same for sale shall refuse to sell the same to such officer, inspector, or constable, such person shall be liable to a penalty not exceeding ten pounds.
The last section has been held to apply to wholesale dealers, and it also includes any open place of public resort such as a street. The purchase-money must be actually produced and offered ; a mere proposal to purchase not amount ing to a legal tender. Where the article is exposed for sale in an unopened tin or packet duly labelled, the vendor need not sell it except in such unopened tin or packet.
Proceedings against offenders are before the %cal justices in a summary manner, and penalties may be mitigated. At the hearing of the information, the certificate of the analyst is prinietfacie evidence of the facts stated therein, and in the absence of evidence by the defendant, it is conclusive. The defendant and his wife may give evidence, and also tender a counter certificate of analysis. The justices may also at the request of either party, at their dis cretion, have a further analysis made at Somerset House. Any person convicted may Lppeal to Quarter Sessions. If the defendant in any prosecution under these Acts proves to the satisfaction of the Justices or Court (a) that he had purchased the article in question as the same in nature, substance, and quality as that demanded by the prosecutor ; (6) with a written warranty, at the same time, to that effect ; (c) that he had no reason to believe at the time when he sold it that the article was otherwise ; and (d) that he had sold it in the same state as when he purchased it, he shall be discharged.