1909-09-29 — Page 5

Adulterated Brandy.

· IMPORTANT MAGISTERIAL

JUDGMENT..

TRIPLE CONVICTION ENTERED.

At the Magistracy, this morning, Mr. F. A Hazeland delivered judgment in the cans in which charges of selling brandy not ofthie catore demanded, fu contravention of the Food and Druge Ordinance, were preferred against (1) Mrs. Mayer, licensea of the Colonial Hotel (2) Tai Sing, compradore, Queen's Road Ceutral, and (3) Cheong Chung, compradore, Arsenal Street. A further charge of selling - adulterated brandy was also made against the

defendants.

THE HONGKONG TELEGRAPH WEDNESDAY SEPTEMBER

The

The following contract is support was pit in "Hongkong, 9th April, 190g. Sold to Tai Sing Ho K by the China Export, Import and Bank Compiny, Hongkong, the following goods; 10 Ca 12/1 Dragon Brandy, $4.50 each

I will first deal with the two cases cited by Mr. Hastings,

In Laidlaw v. Wilson 1894. I O.B.D. 24, it was decided that it was not necessary to use the world "warranty." The words "pure laid;" however, appeared in the contract. In Elliot v Pitcher 1901 2.K.B. 87, it was decided that it was not necessary to prove a specific waranty with each delivery. The written warranty 'was as follows: "We hereby warrant that each Fand every supply of milk sent by us to you shall be new milk, unadulterated, and without its cream. The case of Rook v. Hopley, 3.Ex. D ari, was cited by the Crown Solicitor. The contract in that case was as follows--Bought | by Mr. 1. Hopley, Manchester, of William Walker, Chess factor and provision merchant, four tins latd. The decision of C.B. in this case was as follows

I will first proceed to deal with the by the prosecutor, and with's written waranty three preliminary points raised by Mr. to that effect, that be had so reason to believe Hastings, the soliciter for two of the defend-at the time when he sold it that the article was ants. The first point was that Inspector. Gour alherwise, and that he sold it in the same state lay, when ho purchased the article, having re- as when he purchased it, he shall be 'discharged gard to the small price paid, must have known from the prosecution. that he was not getting a gongine article, and therefore he was not "prejudiced" within the meaning of section 6 at the Food and Drugs Ordinance, 1kg. i was suggested by Mr. Hastings that Inspector Gourlay deliberately chose cheap brandy. With respect to this question, I would mention' the case of Hoyle. Hitchman, L.R. 4, Q.B.D., page 213. facis of this case sro se lollows:-

Ainformation had been preferred against the respondent for an offence under the 6th section of the Sals of Food and Drugs Act, It will be recalled that on the 7th inst., in 1875, by the appellant, an inspector of aul pector Gourlay (lospector of Weights and

sances for the distrit of St. Giles, who had Measures, went to each of the defendants and

been duly authorised to act in the execution of purchased a bottle of brandy. In each case the

the Act. The appeiliot had gone to the res- Inspector selected a particular brand. At the pondent's shop and asked for ball a pint of Colonial Hotel, the hottle and a beautiful label milk, for which he paid rid, out of money and the contents were described as "Very old" brandy." The capsule had also the words "Very provided for the purpose by the local authority, for which he had to account. On being served, old' brandy." The price of the bottle was St.

he informed the shopman that he was an ios At Tai Sing's, the brandy was described as

pector of nuisances, and had purchased, the **Extra superior old, brand "and cost 50 centi. milk for analyses by the public analyst. The At Cheong Chuey's, the brandy was described as "Flae old Cognac." The bottle had the various provisions of the Act with regard to the mode of procedure in such cases having stars and the label was surrounded by an albo besa previously complied with, the milk suppli rate representation of vine, The price of the

ed was analysed by the public analyst. It was bottle was so cepia, In each case, the fospet-found to contain 24 per cent of water added to tor.kept a portion of the braody at the shop, the milk after it had come from cow. took one to the Government Ana yst and re-

The appellant, in cross-examination, stated tained the remaining portion for himself. Pro-

that he was not prejudiced, nor was any injury ancutor (Mr. F. B. L. Bowley, kim the Clown Solicitar's Office) stated that brandy is a spirit doat to aim personally, and it war thereupon distilled from grape had went on to describe submitted that there was no offence because the the ingredients which coosited brandy. It milk wai pot sold to the prejudice al the pur chaser. The magistrato futtod that the appellant was not suggested by the prosecution that soy- thing was injurious to the bealth in any of the demanded milk, that the article sold was not of "the matuis, substance, and quality of milk, and brandiose examinations by the Govern- mest Analyst showed that the bottle sold by that the appellaut had no knowledge or notice Mrs. Meyer coolmined at least 73% of spirit that the milk the respondent sold was adulterat which was not juice of grape, that of Cheong ed. He also stated that if the purchaser has bees Chung 49% and Tai Sing 84% The Analyst one of the respondent's ordinary customer the. in each case gave the percentage of solid mat- offence mentioned is the Act would, in bis ter. He also gave the percentage of free acid, judgment, have beer committed. But he de- All the bottles had large quantities of alcohol clined to convice, on the ground that the sale added to the brandy, which made them cheaper was po! "to the prejudice of the purchaser" within the meaning of the 6th section of the than brandy.

Act. The question for the opinion of the Court was whether he was tight in so declining to convict, and if not the case was to be remitted to him to deal with in accordance with the judgment of the Court.

The judgment follows:-

The three delendants, Bophia Meyer, pro- prietress of the Colonial Hotel, Tai Ning, cam pradore, and Chong Cheong, compradort, were summoned.by laspector Gamzipy, inspector of police each on the following two charges -(a) That on the 7th July, 190g, they did sell to the prejudice of the purchaser an article of food for man, to wit, brandy, which was not of the nature, ubstance or quality of the article demanded by ths purchster, contrary to section 8 of 1896, section 6 (Sale of Foods and Drugs Ordinance, 1896); (b) That on the 7th July, 1gog, they did roll adulterated liquor, to wit, brandy, and not of the quality munded by the purchaser contrary to Ordinance 8 of 1898, section 2 (Liquor Licences Ordinance 1898).

Section 6 of the Sale of Food and Drugs Or dinance, 1896, in as followsEvery 'person who sells, so the prejudice of the purchaser, any article of food or any drug which is not af the nature, substance, or quality of the anicle demanded by such purchaser shall in every Cain, no summary conviction before a Magia trate, be liable to a penalty not exceeding two bundred dollars and ip default of payment *thereof, to imprisonment, with or without hard labour, for any term not exceeding three months,

..

Chung Cheong's brandy 40.48 grammes. The question sa to the amount of influence which water exorcises in reducing the ether value of brandy is a matter of great controversy amongst analysts. Mr. Browns was of opinion that the. alkali-water did not have à very serious effact on the athers. Ha gave the result of certain experiments carried out by him. There ar peritisats were made with two kinds of water,

29 1000

To-day's Advertisements.

NOTICE TO CONSIGNEES: FROM SHANGHAI, YOKOHAMA, MOJI AND KOBE.

HE

unqsly Pokfulam water and well water in Steamship

+ "JAPAN,"

having arrived from the above Ports, Consignees of Cargo are hereby informed that their Goods will be delivered from alongside.

Cargo impeding the discharge will be landed Consignees, risk and expense into the hazardous and/or exira bazardous godowns of the Hongkong and Kowloon Wharf and Go dowe Co., Limited.

which was added twice as much alkaline an there is la Pokfulam water. It was suggested by the "defence that this was not a fair test owing to the slight alkalinity of the water used, the amount of alkaline in Pokfulum water beat ❘ing only a grain in a gallon. On this question the defence called Mr. Spurge, the Asalyst in A. S. Watson and Co. He did not analyse the brandies, the subject matter of the charge, but be analysed a sample of Watson's A brandy. He stated that it was a cheap brandy but was guaranteed as the produca of the grape. He distilled two-thirds of the quantity takes and the product of the dis- tillation would contain all the ether and the alcohol

He divided, the distilista into two

No Fireļinsurance has been effected. Bills of Lading will be countersigned by

DAVID SASSOON & CO., LIMITED, Agents. Hongkong, 29th September, 1900) · 168

NOTICE TO CONSIGNEES.

*HIMALAYA."

FROM BOMBAY, COLOMBO AND

STRAITS.

equal parts. Ons be "broke down with dis- THE P. & D. 5. N. Co.'s Steamer tilled water and the other with alkaline water This sikaline water contaised 20 grains of car. Bonita of lime per gallon, which in the' normál Kent water. In the distilled water sample ha found 9 5 grammes of ether and in the Kent water, sautple 65,68 grammes. My attention was called to a piper by Sehidrowitz and Kay on some conditions affecting the other value of brandy which was read before a meeting of the Society of Public Analysts held on the 1st March 1905 (sen page 149 of Vol. 30 of The Analys) I quote two extracts from the said. paper's

Consignees of Cargo by the above-named

I am of opinion that the appellant is entitled is the judgment of the Court. I regret to have to come to that decision, because it is im possible not to see that this is a hard case, but with that we have nothing to do bera. The facts of the case are very simple. The appell ant purchased this article, which he caused to be subjected to analysis. It turned “out to be (though to use seuse it may be called lard) of the quality and mature described

"Some little while ago-we analysed a brandy by the analyst, as "dulterated lard," coo- timing is per cent of the foreign ingredient which showed as other value of 988. The. water. The main defences that the respond alcoholic strength of the sample was 533. eat is protected under the 5th section, be. This sample, we were informed, was unreduce cause he sold (he article just da be received it, ed, and had been drawn direct from botd.. At. the same time, we examined a sample which baving himself bought it with an voice which

was stated to be the same brandy from duty it is contended amounts to a writer warranty within the statute. A number of authorities paid stock, and reduced in sitength to 44.5. To our surprise, the other value of the litter was were referred to on the question whether a description in an invoice amounts to a warranty, found to be only 65.5. At first we were inclined but I do not propose to go into those cases. to doubt whether the two-samples actually re- Now do I say what my decision on those casas presented the same brandy originally, but our would be ifthey came before me to a court of subsequent investigations lead us to say that we believe this to have really been the case. appeal. The decision in Josling Kingsford is applicable to this case, and in view of that We were further informed that the spirit had decision i cannot hold that this invoice contains been "broken down" with New River main Anything more than a description, which can Water, the object of using this instead of distill. Mr. Justice Mallor, who was one of the ont be deemed to be warranty. But then it ed water being, according to our informante, to Judges of the Court, delivered the following is further argued for the respondeat that the avoid the slightly mawkish taste that distilled judgment:-This is an appeal from the decision articles sold to the appellat was that which he water occasionally imparts to brandy.”...

A The solicitors for the defendapts referad me to of the chief magistrate at Bow Street, and the demanded. In one sens it might be called" question, raised is whether an offence had been "tard," but looking at the analysie, the findingquire's Companion to British Pharmacapata, commilied withto the provisons of the 6th of the magistrate, and' iha other facts in the Os page 1,151 thers is the following seolence section of the Sale of Food and Drugs Act, case; I am unable to say that the appellant was "In the present state of our knowledge.it is The magistrate dismissed the summons on, supplied with the article für, which be asked.impossible to tell from an analytical point of the ground that there was no prejudice to the I think the decising of the magistrate was wrong, purchaser. This gives rise to the question and the case must be remited with cur opinion.

The contract put in this present case does not contain any warranty suggesting that the article It is nothing was pure mad unadulterated. mora in my opinion than a mere description of the article.

*

view the original of the spirit in braddy." Mr.

Tassel are hereby informed that their Goods are being landed and placed at their risk in the Hongkong and Kowloon Wharf and Godows Company's Godowas at Kowloon, where each consignment will be sorted on Mark by, Mark, and delivery can be obtained as soon as the Goods are landed. *

This vessel bring on Cargo

4

From London: Bc., ex S.S. China. From Australia, ex 5.5. Marntarą... From Calcutta, x S.S. Nubia. From Persian Gulf, B.I.S.N..and B,'&

P. S.-N. Co. Steamer Optional Goodi will be landed here unless Juatructions are given to the contrary before

hours,

Goods mot cleared by the 6th October, at

M will be subject to rent No Fire Insurance will be effected by meʻp any case whatever,

Intimations.

CHEESE

CHOICE CANADIAN

STILTON:

60 Cents per lb.

THE

DAIRY FARM

LIMITED

Cor

Hongkong, 15th September, 1909.

HONGKONG JOOKEY CLUB.

NOTICE.

Members of the above Club, will be held

THE HALF-YEARLY MEEting of on SATURDAY, the 2nd October, 1909, at 12 o'clock, Noon, at the Offices of the Jockey Club on the Ground floor of the Hongkong Club Agnoze, Chater Road.

By Order,

T. F. HOUGH,

Clark of the Counc Hongkong, 18th September, 1909.7 (664

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AN EXTRAORDINARY GENERAL' Damaged Packages must, be left in the A-MEETING of Members of the above Godowns for examination by the Consignes's Club will be held on SATURDAY, the 2nd and the Company's representativa at an anOctober, at $2,16 P.M., at the Offices of the pointed hour.

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By Qrder,

Ne claims will be admitted after the Good have left the Godowns,

E. A HEWETT,

Superintendant,

Hongkono, 29th September, rono

T. F. HOUGHT

Clerk of the.Course Hongkong, 186 September, 1909,

HARMSTON'S

GRAND CIRCUS

AND

166¢

Browne was asked in Gross-examination whe ROYAL MENAGERIE OF PERFORMING

ther he agreed with the above statement. He stated in reply that he agreed with the statement modified thus: Vou cannot tell the sources of silent spirit in brandy. Mr. Browan alio stated that Squire's Companion was only án authority on pharmaceutical matters. Mr. Spure referred to as analysis of brandy made Tromine gived in Blyth's Food page 386 which. be stated is almost a standard work. The amount given is 41.9 grammes per too litres. This inference in my opinion is not a satis- factory one.

By the prosecution I was referred to Vasey's "Analysis of Potato Spirits. On page 15 the author gives the following excellent desert sie of the chemical characteristics of to spirits

rial used in the farmentation.

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1684

CLUB WHISKY

whether the prejudice contemplated by the statule must be a petuniary prejudice. Such a reading would almost nullify the beneficial effort of al the statule, for it would very much diminish the possibility of bringing home

The sex point raised by Mr. Hastings was. offences against the Act to those who are

as to the construction to be placed on Section uilty of them. "This to my mind affords a strong argument against such a contention, 13 of the Ordinance, Section 13 is as follows: Solar ar authority is concerned; i do not Any person purchasing any article with the think that there is ady-distinct authority on the intention of submitting the same for analysis point to be found in any case that has been shall, after the purchase has been completed, decided io the English Courts. The cages to forthwith 'notify to the seller or his agent selling which we have been referred in these Courts the article is intention to bave the same are two in number. One is the care of Sandys analysed bythe Government Analyst or by some. The definition "Adulterated liquor ander v. Markham, which came before my. Brother other analyst appointed by the Governor for the Liquor Licences Ordinance, 1858, is as Lush and myself. The Court remitted the the purpose of this Ordinance, and shall offer follow" Adulterated liquor "rican any case to the magistrale, and, it can hardly be to divide the article into three parts to be, then

The patent fractionating still practically liquor mixed or coloured to the prejudice of the treated as a décision.", Bul undanbtedly dur. and there separated, and eich part to be marked

gn the analysis purchaser with sey ingredient whatever or withing the argument my Brother Luth express and scaled or fastened up in such manner as its the key to the misation, and water, either so as to increase its bulk and "ed an opinion that "if articles the value of which nature will permit, and shall, if required to do of potable spiritu, dar down to chemists measure or so an injuriously to affect the quality had been diminished by adulteration, were sold, so, proceed accordingly, and shall deliver one and distillers, this fugenious apparatus produce. of such liquor or to conceal its inferior quality, prejudice was to be presumed. To that view of such parts to the seller or his agent. A very strong and practically featureless, ba of any liquor which is not vutually of the nature must have assented, because otherwise it would He shall retain one of the said parts for cause pure, spirit. It separates certain by-pro-i and quality demanded by the purchaser of of have been uscleis to have sent the case back future comparison, and shall himself submit ducts of fermentation during the distillation Box of 6 chairs $15.00; Single seat in box 39.00; Dress circle chairs $2.00 Stall the liquor which it in labelled as being or pur- to the magistrate, as the objection that the the third part, if he deems it right to have the process with the result that when the spirit”, in bighly rectified it is very pure and free from porting to be, whether such adulterated liquor sale. was not to the prejudice of the purchaser article analysed, to the walyst.

would have been fatal if it could have been Inspector Gourlay stated in evidence that he characteristic odour and flavour. The simplest is injurious to health of not. Spirits shall not

divided the article into three parts wilboat first form of still, or the put-still,, which is used, in be considered adulterated jí mixed- with water substained.

Hoyla Hitchman was decided on March offering to divide it. The question for my the production of Brandy, whisky, and rum, qply so as not to reduce the strength more than, twenty-five degrees below proof in the case of 281b, 1879, Os July 20th, 1879, the statute decision is whether the "offer to divide" is a yield, on the other hand, a more or less impure. brandy, whiskey, or rum, or more-than-thirty 42 and 43 Victoria, C. 30 was passed. It condition precedent to a prosecution under the spirit, owing partly to the formation of secon degrees below proof in the case of gin." is cited as the Sale of Food and Drugs Ordinance. I am of opicion it is not As the dary products of fermentation,, and partly It was proved in evidencebut InspectorGour- Act Amendment Act 1879." She preamble to Crown Solicitor put it. Inspector Gourday's act because bodies formed during distillation, lay asked for and purchased a boule of brandy at this Act is as follows: Whereas conflicting was merely an act of supererogation. The seller which, coming over with the spirit, impart, to it sach of the establishments owned by the de decisions have been given in England and was not prejudiced in the jeast. Assuming a flavour and adour characteristic of the mate. Scotland in regard to the meaning and effect that the seller had refused the offer, the practice It is only in the pat-still spirit that these fendants. At each place he pouted the con- tents of the bottle into three small bottles, and of section 6 of the Sale of Food and Drugs under Section, i would have then been follow products, occur to any extent; they are nearly, left one small bottle with each of the delend Act, 1855, in this &ct referred to as the prised. This places the seller in a less favourable not entirely, eliminated in patent spint, auts, sent prothes in the Government Analyst, cipal Act, and it le expedient-in this respect position, because he would then not be able to according to the degree of rectification. It is thus necessary that pat-still spirit should be and otherwise to amend the said Act. Section have any part of the article sold analysed.. and kept the third bolde himself. Ai esch

matured by age, while with patient spirit no 1 of the Amending Act is exactly the same Mr. Hastings referred to the case of Barnch maturing process is called for, unless place be asked for brandy, and said he was going to have it-analysed by-the-Government. word for woid al section 7 of our Ordinancev. Chipp 1878 3-Ex. D. 176. The case was de-swing to partial rectificatios, there is a smajl |cided on quite a different point: The constable percentage of by-products present. The use Analyst. At none of the placés did he offer to Section 7 is as follows:- divide the article into 'three parts, but divided lovny prosecution under the provisions of who purchased the article told the person who of patent spirit, therefore, obviated to a large ex the said article without making the offer. At this Ordinance for selling, to the prejudice of sold it that the said article was being parchased tent the expense of storage, which is necessary for mallowing the raw spirit of the pot still to the establishment of the defendant, Sophia the purchaser, any article of food or any drug for the purpose of apaistis but did not add the render is, not only drinkable, but palstable and. Meyer, the article was sold in the ordinary which is not of the nature, substance, and quality words "by the Public Analyst. It was held of agreeable favour.. Flavour is essential to brandy bottle. The bottle had a gold capsule, of the article demanded by such purchaser, that the notification that it was going to be potable spirits, and patent spirit, on account of and at the top of the bottle was a while label shall be no defence to any such prosecution to analysed "by the Public Analyat" was a condi- its tatelessness, must be flavoured, which is gecerally accomplished by adding a small pro- with the words "Old Brandy" printed in blue allege that the purchaser, having bought only than precedent to a prosecution under the Act.

portion of old, well-matured potstill spirit to it. Under this ithel was another label, crescent in for analysis, was not prejudiced by such male.

The next question I have to decidejs whether Foreign flavouring can also doubtless be used, shape, with a gilt edge, and thres golden stars Neither shall it be a good defench to prove that the purchaser received the article demanded and there is much brandy on the market which the article of food or drug in question, though by him, namely, brandy. This involves a there is much whisky that is absolutely das-, I absolutely destitute of grape spirit, just as in the middle of the crescent, Under this was

answer to the question-What is brandytitute of malt spitit, a large white label with a gilt edge. Across defective in mature, or in substance, or is the middle of this label were the following quality, was not defective in.all these respects! Brandy is a spirit-derived from the juice of the Inow.coms to the very difficult problem worda ́" Kau de vie tresvicille" Under this I am of opinion, having regard to section 7 of grape or rats wine. Au analyst's opinion as with respect to fixing a standard for brandy. fabel was another small, label, and the words our Ordinance that if the article is bought by to whether an article is or is not brandy is With respect to table 9 referred to above, “Ean de ele Fine old brandy." A dollar police officer solely for the purpose of analysis, based on the fact whether the sample contains nearly all the brandies mentioned there are bigb.class brandins, and has noʻstatement as to was paid for this bottle of brandy. At the Tai sochanalysis to be made by the Government a sufficient quantity of ejbers. In the manufac the nature of the water used in "breaking Sing shop, the article was also in, so ordi- Analyst, the question whether it is to the pre-tare of bandy water is always" added to it in a down" the said brandial. With respect to the nary brandy bottle. This bottle also bad a gold, judice of such purchaser is not in issue. To greater or less quantity. This is known by the experiment made by Mr. Spurge in using Kent capscle. A sbart distance from the top of the spector Gourlay purchased the brandy in bote expression" breaking down." Water due to its water for breaking down" in of apinion that this was a true test, because before can- betite was a label, crescent in shape, and in the three cases for the sole purpose of having it alkalinity has undoubtedly theeffect of reducing victing a person of a criminal charge under the middle of this label wers-ibres, golden stars, saslysed by the Govoromont Analyst. Mr. | sach ether value. The result of analysis as to Ordinance, ona ought to take into considera- -Under this label was a lugo white label with Hastings then submitted on behalf of Tei Sing the othervalue of a brandy is given in so many lion the possibility of the spirit having boon the words "Extra superior old brandy! Fifty that he, should be discharged from the programmes of ethers pir Tou litres of absolute "broken" down" with a water leaving an ex-

cassive alkalinity. cents was paid for this bottle of brandy. At secation because he had brought himself under alcohol, present. Mr. Browne, Government Having regard to the avidence before the the Chung Cheong compradore's shop, the section as of this Ordigance. Tad section Analyst, who was called as a wildts for the Court, I am of opinion that fought not to fix articia was also in the ordinary brandy bottle, as follows":"”—-

prosecution, is of opinion that "genous brandy a higher standard than sixty grammas, –Thu On this bottle there was also the crescent label

does not contain less than So-grammes of brandies, the ambject matter of these three charges, are all very much balow the standard and the thite golden stars. There was also a

ethers. The result of his analysis in the present which I laars findin large label with the words "Fine old Cognac."

I therefore convict the three defendants Sixty-se cante' was paid for this bottle of brandy.

|

If the defendent in any prosecution under this Ordinance provas, to the satisfaction of the

| Maglatinio or Court, that he had purchased the | three cases is as follows

|

snide in quesión de the sime' in' nature, Man. Mayer's brandycontainad ar.16 grammes under the Food and Druge Ordinance, 1895. substance, and qaility as that demanded of him - od esker, Tai Simigi kundy rada gemmon, and - Kach defendant will pay a dow of fjo,

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