The Weekly Reporter; Containing Cases Decided in the Supreme Court of Judicature with Appeals to the House of Lords and the Privy Council ...

The Weekly Reporter; Containing Cases Decided in the Supreme Court of Judicature with Appeals to the House of Lords and the Privy Council ... : To Which Are Added a Digested Index and a Table of the Names of All Cases Reported Volume 44

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 edition. Excerpt: ...& Brown proved to the satisfaction of the court that they bought the milk in the same state as they sold it, with a written warranty from White, and the summons was accordingly dismissed. A summons under section 27 was then taken out against White for giving a false warranty. The summons was not served till the 27th of May. The magistrate dismissed the second summons on the ground that, milk being a perishable article, the summons ought to have been served within twentyeight days of the purchase for test purposes. Macmorran, Q. C'., for the appellant.--The latter part of the section does not apply where the purchase for test purposes is not made from the person charged with the offence. LINDLEY, L.J.--'1'he magistrate was wrong. The words " such person " in the latter part of the section refer to the person who is charged, that is to say, in the present case, to White. There has been no sale by White for test purposes. It is diflicult to see how that part of the section can apply to prosecutions of this kind. It might apply if the purchase from the original vendor were made for test purposes. But where that is not the case it cannot apply. There might be no sale by the second vendor for a considerable time after the sale by the original vendor. Under the circumstances the summons seems to have been served within a reasonable time. KAY, L.J., after stating the facts, proceeded: --The question is whether the summons against the warrantor, the respondent in this case, ought to have been served within twenty-eight days. The construction urged for the respondent before the magistrate would lead to an absurdity, because the warrantor might have sold the milk with the warranty more than twenty-eight days before the sale by_...show more

Product details

  • Paperback | 610 pages
  • 189 x 246 x 31mm | 1,075g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236802519
  • 9781236802514