§ Bill, as amended, considered.
§ Clause 5 (Prohibition of the sale of articles of food and of drugs not of the proper nature, substance, and quality. Exceptions.)
§ MR. SANDFORDmoved, as an Amendment, at end of clause to add the following words:—
And be it further provided that in case a person be fined for the sale of an article of food or drug to the prejudice of a purchaser as aforesaid, he shall, if he sold such article without knowing it to be of a different nature, substance, or quality from that demanded, and in the condition in which it was supplied to him by the dealer from whom he had received it, have right of action against such dealer, and be entitled to recover from him the amount of penalty and costs to which he had been subjected.
§ MR. MUNDELLAsaid, he could not but express his surprise at the hon. Gentleman now moving to re-insert the word "knowingly" in the Bill, from which it had been struck out on a former night. The effect of the Amendment would be to subject the wholesale dealer to vexatious prosecutions and costs, in a matter 783 of which he might not have had any knowledge when he was selling the article. He (Mr. Mundella) had no interest in the matter but that of justice; and if the word "knowingly" were inserted in the Bill, he would tell the hon. Gentleman that before long the Bill must be amended, or another Sale of Food and Drugs Bill be brought in.
§ MR. SCLATER-BOOTH, in supporting the Amendment, said, there was difficulty in getting at the wholesale dealer, and that the Amendment was considered necessary.
§ Amendment agreed to; Words added.
§ On the Motion of Mr. SCLATER-BOOTH, Clause further amended, by providing that no person engaged in any trade or business locally connected with the sale of food or drugs should be appointed an analyst under the Act.
§ Clause, as amended, agreed to.
§ Clause 13 (Provision for dealing with the sample when purchased).
§ DR. C. CAMERONproposed to amend the clause by the insertion of words providing that the analyst should certify that the sample retained by the purchaser was of the same quality as that which he reported on.
§
Amendment proposed,
In page 5, line 17, after the word "parts," to insert the words "after it shall have been marked and sealed by the analyst."—(Dr. Cameron.)
§ MR. SCLATER-BOOTHobjected to the Amendment as one likely to create confusion.
§ Question put, "That those words be there inserted."
§ The House divided:—Ayes 17; Noes 53: Majority 36.
§
Amendment proposed,
In page 7, line 6, to leave out from the word "analysis," to the end of the Clause, and insert the words "and such officer may he required to attend to give evidence at the hearing of the case, and the expenses of such examination, analysis, and attendance shall be deemed part of the expenses of executing this Act, unless the justices order the same to be paid by the complainant or the defendant."—(Dr. Cameron.)
§ Question, "That the words proposed to be left out stand part of the Bill," put, and agreed to.
§ Bill to be read the third time upon Monday next.