In the Scottish Courts
| Published date | 01 April 1944 |
| Date | 01 April 1944 |
| DOI | 10.1177/002201834400800206 |
| Subject Matter | Article |
In the Scottish Courts
WAS A SALE
PR,OVED?
Burgh of Kilmarnock v. Allan Hutton.
(1943 S.L. T. (Sh.Ct.)
34)
T
HE
publishers of
the
Scots Law Times are doing 'a
service to legal practitioners in Scotland
by
providing,
from time to time, reliable reports of
important
decisions
in
our
sheriff courts.
The
opinion of a sheriff
may
not
be
the
last
word j
but,
none
the
less,
it
may
afford guidance
to prosecutors
and
others
and
to call
attention
to points
upon which authoritative decision is
lacking-if
only
because
it
has
not
been
thought
worth
while to
take
an
appeal to
the
High
Court. So far as we are
aware-to
take
.only one
instance--there
is no ruling on
the
meaning of
"good reason" in section 2 of
the
Firearms Act, 1937,
except
the
careful opinions of Sheriff Malcolm
at
Dunee
in
Todd v. Neilans
and
Anderson v. Neilans. 1940 S.L.T
..
(Sh.Ct.) 12
and
13.
.
In
the
case now reported,
the
charge was laid
under
section 4 of
the
Milk
and
Dairies (Amendment) Act, 1922,
which remains unrepealed in
its
application to Scotland,
although, since 1938,
it
has ceased to operate in England.
(Food
and
Drugs Act, 1938).
The
respondent,
an
Ayrshire
farmer, was charged
that,
at
acreamery in Kilmarnock,
he did sell to
the
Scottish Co-operative Wholesale Society
milk to which
water
had
been added.
He
pled
not
guilty
and
evidence was led.
The
sheriff refused to convict,
holding
that
the
prosecutor
had
failed to prove his case
upon several grounds, of which
the
main ground was
that
the
sale
had
not
been conclusively established.
In
order to establish a sale
by
the
farmer to
the
Society,
the
prosecutor produced acertified copy of a
contract,
dated
in 1939, to which
the
parties were (a)
the
accused j
(b)
the
United Creameries
Ltd.
and
(c)
the
Scot-
tish Milk Marketing Board. Evidence was given,
by
an
official of
the
Board,
that
this
contract
still determined
138
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