REFORMATORY SCHOOLS ACT, 1893. 56 & 57 VICT. CAP. 48. An Act to amend the Law relating to Reformatory Schools.-[22nd Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present parliament assembled, and by the authority of the same, as follows: 1. Where a youthful offender, who in the opinion of the court before Commitment whom he is charged is less than sixteen years of age, is convicted, of offenders whether on indictment or by a court of summary jurisdiction, of an between offence punishable with penal servitude or imprisonment, and either— twelve and sixteen years (a) appears to the court to be not less than twelve years of age; or of age to (b) is proved to have been previously convicted of an offence punish- reformatory able with penal servitude or imprisonment, the court may, in addition to or in lieu of sentencing him according to law to any punishment, order that he be sent to a certified reformatory school, and be there detained for a period of not less than three and not more than five years, so, however, that the period is such as will in the opinion of the court expire at or before the time at which the offender will attain the age of nineteen years. schools. 2. Without prejudice to any other powers of the court, the court Power to may direct that the offender be taken to prison, or to any other place, remand youthful not being a prison, which the court thinks fit, and the occupier of offenders. which is willing to receive him, and be detained therein for any time not exceeding seven days, or in case of necessity for a period not exceeding fourteen days, or until an order is sooner made for his discharge or for his being sent to a reformatory school, or otherwise dealt with under this or any other Act; and the person to whom the order is addressed is hereby empowered and required to detain him accordingly, and if the offender escapes he may be apprehended without warrant and brought back to the place of detention. 3. In the application of this Act to Scotland the expression "court Application to of summary jurisdiction" shall mean the sheriff or any two justices Scotland. of the peace, or any magistrate or magistrates who have jurisdiction under the Summary Jurisdiction (Scotland) Acts sitting in open court. -29 & 30 4. Section fourteen of the Reformatory Schools Act, 1866, from the Repeal and beginning of the section to the words "justiciary or sheriff," and the construction whole of the Reformatory Schools (Scotland) Act, 1893, are hereby Vict. c. 117repealed, and the said section shall be construed and have effect as if 56 & 57 Vict. section one of this Act were substituted for the provisions of the said c. 15. section hereby repealed. 5. This last Act may be cited as "The Reformatory Schools Short title. Act, 1893." Warranty on sale of fertiliser. Warranty on stuff. FERTILISERS AND FEEDING STUFFS ACT, 1893. 56 & 57 VICT. CAP. 56. An Act to amend the Law with respect to the sale of Agricultural Fertilisers and Feeding Stuffs. [22nd September, 1893.] Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. (1.) Every person who sells for use as a fertiliser of the soil any article manufactured in the United Kingdom or imported from abroad shall give to the purchaser an invoice stating the name of the article and whether it is an artificially compounded article or not, and what is at least the percentage of the nitrogen, soluble and insoluble phosphates, and potash, if any, contained in the article, and this invoice shall have effect as a warranty by the seller of the statements contained therein. (2.) For the purposes of this section an article shall be deemed to be manufactured if it has been subjected to any artificial process. (3.) This section shall not apply to a sale where the whole amount sold at the same time weighs less than half a hundredweight. 2. (1.) Every person who sells for use as food for cattle any article sale of feeding which has been artificially prepared shall give to the purchaser an invoice stating the name of the article and whether it has been prepared from one substance or seed, or from more than one substance or seed, and this invoice shall have effect as a warranty by the seller of the statements contained therein. Penalties for (2.) Where any article sold for use as food for cattle is sold under a name or description implying that it is prepared from any particular substance, or from any two or more particular substances, or is the product of any particular seed, or of any two or more particular seeds, and without any indication that it is mixed or compounded with any other substance or seed, there shall be implied a warranty by the seller that it is pure, that is to say, is prepared from that substance or those substances only, or is a product of that seed or those seeds only. (3.) On the sale of any article for use as food for cattle there shall be implied a warranty by the seller that the article is suitable for feeding purposes. (4.) Any statement by the seller of the percentages of nutritive and other ingredients contained in any article sold for use as food for cattle, made after the commencement of this Act in an invoice of such article or in any circular or advertisement descriptive of such article, shall have effect as a warranty by the seller. 3. (1.) If any person who sells any article for use as a fertiliser of the breach of duty soil or as food for cattle commits any of the following offences, namely:by seller. (a.) Fails without reasonable excuse to give, on or before or as soon as possible after the delivery of the article, the invoice required by this Act; or (b.) Causes or permits any invoice or description of the article sold by him to be false in any material particular to the prejudice of the purchaser; or (c.) Sells for use as food for cattle any article which contains any ingredient deleterious to cattle, or to which has been added any in gredient worthless for feeding purposes and not disclosed at the 56 & 57 VIOT. time of the sale: c. 56. he shall, without prejudice to any civil liability, be liable, on summary Fertilisers and conviction, for a first offence to a fine not exceeding twenty pounds, and Feeding Stuffs for any subsequent offence to a fine not exceeding fifty pounds. (2.) In any proceeding for an offence under this section it shall be no defence to allege that the buyer, having bought only for analysis, was not prejudiced by the sale. (3.) A person alleged to have committed an offence under this section in respect of an article sold by him shall be entitled to the same rights and remedies, civil or criminal, against the person from whom he bought the article as are available to the person who bought the article from him, and any damages recovered by him may, if the circumstances justify it, include the amount of any fine and costs paid by him on conviction under this section, and the costs of and incidental to his defence on such conviction. Act, 1893. 4. (1.) The Board of Agriculture shall appoint a chief agricultural Power to analyst (hereafter referred to as the chief analyst), who shall have such appoint remuneration out of moneys provided by Parliament as the Treasury may analysts. assign. The chief analyst shall not while holding his office engage in private practice. (2.) Every county council shall, and the council of any county borough may, appoint or concur with another council or other councils in appointing for the purposes of this Act a district agricultural analyst (hereafter referred to as a district analyst) for its county or borough, or a district comprising the counties or boroughs of the councils so concurring. The remuneration of any such district analyst shall be provided by the council, or in the case of a joint appointment by the respective councils in such proportions as they may agree, and shall be paid, in the case of a county, as general expenses, and, in the case of a county borough, out of the borough fund or borough rate. The appointment shall be subject to the approval of the Board of Agriculture. Provided that no person shall, while holding the office of district analyst, engage in any trade, manufacture, or business connected with the sale or importation of articles used for fertilising the soil or as food for cattle. 5. (1.) Every buyer of any article used for fertilising the soil or as Power for food for cattle shall, on payment to a district analyst of a fee sanctioned by purchaser to the body who appointed the analyst, be entitled, within ten days after have fertiliser or feeding delivery of the article to the buyer or receipt of the invoice by the buyer, stuff analysed. whichever is later, to have the article analysed by the analyst, and to receive from him a certificate of the result of his analysis. (2.) Where a buyer of an article desires to have the article analysed in pursuance of this section, he shall, in accordance with regulations made by the Board of Agriculture, take three samples of the article, and shall in accordance with the said regulations cause each sample to be marked, sealed, and fastened up, and shall deliver or send by post one sample with the invoice or a copy thereof to the district analyst, and shall give another sample to the seller, and shall retain the third sample for future comparison: Provided that a district analyst, or some person authorised by him in that behalf with the approval of the body who appointed the analyst, shall, on request either by the buyer or by the seller, and on payment of a fee sanctioned by the said body, take the samples on behalf of the buyer. (3.) The certificate of the district analyst shall be in such form and d VOL. XVII. c. 56. 56 & 57 VICT. contain such particulars as the Board of Agriculture direct, and every district analyst shall report to the Board as they direct the result of any analysis made by him in pursuance of this Act. Fertilisers and Penalty for tampering. Prosecutions and appeals. Construction and application. Application to Scotland52 & 53 Vict. c. 50. (4.) If the seller or the buyer objects to the certificate of the district analyst, one of the samples selected, or another sample selected in like manner, may, at the request of the seller, or, as the case may be, the buyer, be submitted with the invoice or a copy thereof to the chief analyst, and the seller, or, as the case may be, the buyer, shall, on payment of a fee sanctioned by the Treasury, be entitled to have the sample analysed by the chief analyst, and to receive from him a certificate of the result of his analysis. (5.) At the hearing of any civil or criminal proceeding with respect to any article analysed in pursuance of this section, the production of a certificate of the district analyst, or if a sample has been submitted to the chief analyst, then of the chief analyst, shall be sufficient evidence of the facts therein stated, unless the defendant person charged requires that the analyst be called as a witness. (6.) The costs of and incidental to the obtaining of any analysis in pursuance of this section shall be borne by the seller or the buyer in accordance with the results of the analysis, and shall be recoverable as a simple contract debt. 6. If any person knowingly and fraudulently as to (a) tampers with any parcel of fertiliser or feeding stuff so procure that any sample of it taken in pursuance of this Act does not correctly represent the contents of the parcel; or (b) tampers with any sample taken under this Act; he shall be liable on summary conviction to a fine not exceeding twenty pounds, or to imprisonment for a term not exceeding six months. 7. (1) A prosecution for an offence under this Act may be instituted either by the person aggrieved, or by the council of a county or borough, or by any body or association authorised in that behalf by the Board of Agriculture, but in the case of an offence under section three shall not be instituted by the person aggrieved or by any body or association except on a certificate by the Board of Agriculture that there is reasonable ground for the prosecution. (2.) Any person aggrieved by a summary conviction under this Act may appeal to a court of quarter sessions. 8. (1.) For the purposes of this Act the expression "cattle" shall mean bulls, cows, oxen, heifers, calves, sheep, goats, swine, and horses; and the expressions "soluble and "insoluble" shall respectively mean soluble and insoluble in water. (2) This Act shall apply to wholesale as well as retail sales. (1.) The expression "council of any county borough" shall mean the magistrates and town council of a burgh, and the duties and powers of councils of counties and county burghs shall be performed and be exerciseable in a county by the county councils or district committees thereof, and in a burgh by the magistrates and town council, and the remuneration of district analysts appointed under this Act shall be paid in the case of a county out of the consolidated rate, and in the case of a burgh out of the police or burgh general assessment. (2.) The expression "burgh means a burgh which returns or contributes to return a member to Parliament, not being a burgh to which section fourteen of the Local Government (Scotland) Act, 1889, applies. (3.) Penalties for offences under this Act may be recovered summarily 56 & 57 VIOT. before the sheriff in manner provided by the Summary Jurisdiction Acts, and any person aggrieved by a summary conviction may appeal therefrom in accordance with the provisions of those Acts. c. 56. Fertilisers and Feeding Stuffs Ireland 10. For the purposes of the execution of this Act in Ireland, inclusive Act, 1893. of the appointment of a chief agricultural analyst, the Lord Lieutenant acting by the advice of the Privy Council shall be substituted for the Application to Board of Agriculture, and the district analysts shall be the analysts 38 & 39 Vict. appointed for counties and boroughs in Ireland under the Sale of Food c. 63. and Drugs Act, 1875, and the additional remuneration of such analysts for their duties under this Act shall be provided in manner directed by the said Act of 1875, and any Act amending the same. ment of Act. 11. This Act shall come into operation on the first day of January, Commenceone thousand eight hundred and ninety-four. 12. This Act may be cited as 66 The Fertilisers and Feeding Stuffs Act, Short title. 1893." |