Home >> Business Encyclopedia And Legal Adviser >> Bank Rate to Clearing >> Butter_P1


regulations, charter, bye-law, authority, sale, act and particular

Page: 1 2 3

BUTTER has been defined by the Margarine Act, 1887, as " the substance usually known as butter, made exclusively from milk or cream, or both, with or without salt or other preservative, and with or without the addition of colouring matter." By the same Afl it is provided that any substances pur porting to be butter, which are exposed for sale, and are not properly marked margarine, will be presumed to be exposed for sale as butter, and will be dealt with as such. The importation of adulterated or impoverished butter is prohibited, unless it is contained in packages or cases conspicuously marked with a name or description indicating that the butter has been so adulterated or impoverished. The owner, consignor, consignee, agent, or broker, who is in possession of or in anywise entitled to the custody or control of any adulterated or impoverished butter imported without regard to the above regulation, is liable on summary convictign to fines ranging from .e20 for the first offence to 1'100 for the third and every subsea, tit offence ; and the Commissioners of Customs will co-operate with the Board of Agricultirc in preventing such importation. The latter Board may make regulations for determining what deficiency in any of the normal constituents of genuine butter, or what addition of extraneous matter or proportion of water, should raise a presumption that any particular sample of butter is not genuine. To the time of writing no such regulations have been made, and each case has therefore to stand on its own merits, without reference to any official criterion.

For the purposes of an intending prosecution for the adulteration of butter, any officer authorised to take samples may do so without going through the form of purchase necessary in the case of other articles of food ; but in every other respect the procedure is the same as that provided by the Sale of Food and Drugs Act [s c ADULTERATION]. In view of the extensive litigation now proceeding on the subject of butter and its adulteration, and the conflict ing decisions given by various courts throughout the country, it is impossible to take any particular case an authoritative guide; in fact, as the general judicial opinion is now expressed, the only butter that stands a chance .,f being held to be genuine is that which is so from the point of view of the commonsense, practi cal, and dairyman and consumer. But the dealer in butter should pay

special attention to the defence referred to in the article on adulteration—that he has bought the butter in the same state as sold, and with a warranty. And in this connection he should also note that in the document e.g. an invoice, upon which he relies as a warranty, express words of warranty need not be used ; but the document must have been given at the time of his purchase, and must form part of the actual contract of sale, and there must, moreover, be clear evidence that the batter was actually sold to him under that document itself.

order, rule, or regulation made by an authority subordinate to Parliament is called a bye-law. Within its prescribed limits, and with respect to persons upon whom it may lawfully operate, a bye-law has the same effect as has an Act of Parliament. It is not an agreement, but a law binding upon all persons to whom it applies, whether they agree to be bound by it or not. There are three special conditions to a valid bye-law : that it does not trespass the limits imposed by the enabling power; that it is, in the case of a bye-law depending upon a statute, duly confirmed by the appropriate authority ; that even, though so confirmed, it is reason, able in itself and not contrary to the general law of the country. The power enabling the promulgation of a bye-law is to be found either in custom, charter, or statute. Bye-laws founded upon custom are exhibited in the regulations of a guild in respect of its own trade, or of a borough or manor. Those upon charter are found in the regulations adopted by a corporation created by the charter ; and those upon statute in the regulations imposed by a corporation, authority, or company dependent upon a particular Act of Parliament. The orders and rules imposed by the British South Africa Company, both in Rhodesia for the proper government thereof, and else where for the regulation of the internal administration of the company's affairs, are instances of bye-laws dependent upon charter : all that company's rules and regulations must be strictly within the scope of its authority as defined by the charter.

Page: 1 2 3