Food and Drugs Acts have given rise to a proportionally large number of cases stated for the opinion of the High Court, and after the 20 years of trial, it has become apparent that there should be new legislation, not only to ensure an equality of justice, for the convictions are very anomalous, but also to simplify, improve, and economise the administration and procedure under these Acts.

There are in the British Isles many classes of officials directly concerned with the inspection, analysis, and general care of what is intended or exposed for sale, sold, or imported for the drink and food of man. And indirectly the Legislature protects the public as purchasers of these articles by means of various enactments (a) connected with the healthy maintenance and good order of bakeries, dairies, markets and slaughterhouses, (b) concerning the sale of horse flesh, the carrying on of noxious trades, the pollution of streams and the manufacture of beer and spirits, in each case appointing officials to carry out the provisions of these statutes. Sometimes the primary objects of such legislation may be concerned with the duty which the State feels towards the employed or with the exigencies of State finance, but in all there is a secondary feature, with a view to which each law is in part framed, or which may arise as an unpremeditated consequence of the passing of such a law. Entirely distinct from all these statutes, usually classed as " Public Health " enactments, are those protecting the purchaser from fraud arising in the weighing and measuring of any article, or from imposition by the use of false trade descriptions and marks. Under the former of these Acts a number of official Inspectors are appointed by the Local Authority, and under the Merchandise Marks Acts of 1887, 1891 and 1894, the Boards of Trade and Agriculture are empowered to prosecute, where the public weal is at stake; there is, of course, nothing to prevent the

Customs officers from making use of these enactments at the port of entry. The "Public Health Acts," actually so called, codified the offences relating to the sale of unsound food, and for their administration two classes of officials were called into existence. The Public Health Acts authorised the Urban, Rural, and Port Authorities to appoint Medical Officers of Health and Inspectors of Nuisances, whose duties have been minutely defined and laid down by Orders of the Local Government Board.* The Urban Authority may be either a Municipal Borough Council acting by virtue of the Local Government Act, 1894, as an" Urban District Council," or an "Urban District Council," not a Borough Council. The Rural Authority will henceforth be the "Rural District Council."‡ The Local Government Act, 1888, in confirming this system of decentralisation, also gave power to County Councils to appoint their own Medical Officer of Health; and it further enacted, subject to special leave to be obtained from the Local Government Board, that certain qualifications were necessary for anyone to hold the office of Medical Officer of Health in any county or county district. These qualifications are such as enable him to practice medicine and surgery, and where the population exceeds 50,000, an additional special diploma in Public Health is required.§ That special diploma is now only granted according to the Regulations of

These Orders bear date 23rd March, 1891.

† 57 & 58 Vict., c. 73, § 17.

The following are the sections of the Public Health Act, 1875, authorising these bodies to appoint :

§ 189, "Every Urban Authority shall from time to time appoint fit and proper persons," to be the medical officer of health

§ 190 (the same as regards the Rural Authority).

§ Local Government Act, 1888 (51 & 52 Vict., c. 41, § 18).

the General Medical Council issued in 1889. The next class of officials came into existence by virtue of the Adulteration Acts, and they are of two kinds. There are the persons putting the Acts into motion by taking or buying samples, who may be any of those classes enumerated in the several different sections of those Acts.* The second set of officials are the analysts, upon whose certificates the prosecutions are undertaken. The samples to be examined prior to any prosecution are handed to the Public Analysts appointed under the several sections of the Adulteration Acts,† subject to the amendment of the Local Government Act of 1888.1 Their certificate is primâ facie evidence, but may be attacked by the

defence.

* 38 & 39 Vict., c. 63, § 13, "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 or at the cost of the local authority appointing such officer, inspector or constable, or charged with the execution of the Act, may procure any sample of food or drugs. Any of these officials may employ a deputy (Horder v. Scott, L.R. 5 Q.B.D. 552), 42 & 43 Vict., č. 30, § 3. These officers abovementioned may procure a sample of milk at any place in the course of delivery of the milk.

+ "In the city of London and the liberties thereof, the Commissioners of Sewers of the city of London and the liberties thereof, and in all other parts of the metropolis, the vestries and district boards acting in execution of the Act for the better local management of the metropolis, the court of quarter sessions of every county, and the town council of every borough having a separate court of quarter sessions, or having under any general or local Act of Parliament or otherwise a separate police establishment, may and shall appoint one or more persons possessing competent knowledge, skill and experience, as analysts of all articles of food and drugs sold within the said city, etc. ... but such appointments

be

shall

subject to the approval of the Local Government Board Vict., c. 63, §10.)

§3.

"There shall be transferred to the council of each county, on and after the appointed day, the administrative business of the justices of the county in quarter sessions assembled; that is to say, all business done by the quarter

It is in the discretion of the Magistrate to have the sample also analysed by the Chemical Officers of the

sessions, or any committee appointed by the quarter sessions, in respect of the several matters following, namely:

(ix.) The tables of fees to be taken by and the costs to be allowed to any inspector, analyst, or person holding any office in the county.

(x.) The appointment, removal and determination of salaries of the public analysts

§ 34. (c.) Such powers, duties, and liabilities of the court of quarter sessions or justices, as in the case of a county are transferred to the county council, shall be transferred to the council of the county borough, whether the same are vested in or attached to the court of quarter sessions, or justices of the borough, or of the county in which the borough is situate:

§ 35. In the case of a quarter sessions borough (not being one of the boroughs named in the Third schedule to this Act) but containing, according to the census of 1881, a population of 10,000 or upwards, the following provisions shall, on and after the appointed day, apply :

(1.) Nothing in this Act shall transfer to the county council any power of the council of the borough as local authority under any Act, or (save as in this Act expressly mentioned) alter the powers, duties, liabilities of the council of the borough under the Municipal Corporations Act, 1882, but subject to the above provisions and to the savings hereinafter contained, the borough shall form part of the county for the purposes of this Act.

§ 38. Where a borough having a separate court of quarter sessions contained, according to the census of 1881, a population of less than 10,000, the following provisions shall after the appointed day apply :

(2.) There shall be transferred to the county council the powers, duties, and liabilities of the council of the borough

(b.) as regards the appointment of analysts under the Acts relating to the sale of food and drugs.*

§ 39. Where a borough, whether with or without a separate court of quarter sessions, contained, according to the census of 1881, a population of less than 10,000, then all powers, duties, and liabilities of the mayor, aldermen, and burgesses, or council of the borough, or the watch committee of the borough in relation—

(b.) to the appointment of analysts under the Acts relating to the sale of foods and drugst shall cease."

* Analysts had up to this time been appointed by the councils of these boroughs under the Food and Drugs Act, 1875. By this section, this power as regards these smaller Borough Councils passes, subject to the provisos above, to the County Council.

+ In boroughs not having any Quarter Sessions, there was power where there was a separate police force to appoint Analysts: the power ceases by this enactment.

Inland Revenue,* but the results of this analysis are in no way binding upon the Magistrate, and the Somerset House Laboratory is not, therefore, one of appeal. Under the Agricultural Fertilizers and Feeding Stuffs Act, 1894,† a different system is in vogue. The Local Authority, that is a County Council, or a County Borough, may appoint the District Analyst, whose certificate is primâ facie evidence; in case of dispute there is an Official Analyst of Appeal appointed by the Board of Agriculture, whose certificate may also be attacked by the defence, if the defence call the Analyst of Appeal. Under this Act, therefore, there is for the first time something in the nature of a district judicial system for analyses. There is also an Official Analyst apart from all these, appointed by any Court of Summary Jurisdiction, which Court may, under sect. 70 of the Public Health Act of 1875, if they see fit, cause any water complained of to be analysed at the cost of the Local Authority applying to them under that section. The Court will no doubt select the Public Analyst of the district, but is not compelled to do so. Again, there are the Inland Revenue and Customs Analysts and Inspectors appointed by and under the control of the respective Commissioners, who have their own Laboratories. Their first duties are to prevent any fraud against the Revenue of the State, but almost equal in importance is their power to prevent the importation of adulterated and prohibited articles

"The justices before whom any complaint may be made or the Court before whom any appeal may be heard, may, upon the request of either party, in their discretion, cause any article of food or drug to be sent to the Commissioners of Inland Revenue, who shall thereupon direct the chemical officers of their department to make the analysis, and give a certificate to such justices of the result of the analysis." (38 & 39 Vict., c. 63, § 22.)

† 56 & 57 Vict., c. 56.