Medical Jurisprudence, Volume 1 (of 3)Paris, John Ayrton
Science
Medical Jurisprudence, Volume 1 (of 3)
Paris, John Ayrton
Medical laws and legislation -- Great Britain
Although it is generally acknowledged that the representations of the
ephemeral writer who lately excited so much public notice, were no less
preposterous than the symbols which decorated his volume,[576] yet it
cannot be denied that a great part of our daily food, and a still
greater portion of our luxuries, are the constant objects of fraudulent
adulteration; and what reasonable hope can be entertained of any
amendment, while the temptations remain so excessive, the detection so
difficult, and the punishment so inadequate to the crime; or, above all,
while the trouble and expense of prosecution continue to be so
disproportioned to the injury sustained by an individual, as to prevent
his seeking redress through the ordinary channels of the law? these
observations, perhaps, apply with greater force to the adulteration of
articles not subject to the revenue duties of excise or customs, such as
bread, milk, &c. Against the substitution or sophistication of those
whose sale enriches the treasury, we have numerous enactments, and were
we to form our judgment from them alone, we should conclude that
fraudulent adulterations were rather deprecated as offences against the
revenue, than against the health of the citizen. It is, however,
important to remark, that if the health of any person be impaired in
consequence of the act of another, as by selling him bad wine, which
injures the party’s health, an action (viz. a trespass on the case) will
lie. 2 _Espin N. P._ 601; 1 _Rolle Abr._ 90.
The adulteration of bread[577] is specially prohibited by several
statutes; the 31 _Geo._ 2, _c._ 29, entitled “An act for the due making
of bread, and to regulate the price and assize thereof, and to punish
persons who shall adulterate meal, flour, or bread;” after reciting
the[578] 51 _Hen._ 3, and 8 _Anne, c._ 18, and making various
regulations as to the assize, enacts that bread made for sale shall be
of meal or flour, and that no alum, or preparation or mixture in which
alum shall be an ingredient, or any other mixture or ingredient
whatsoever (except only the genuine meal or flour which ought to be put
therein, and common salt, pure water, eggs, milk, yeast, and barm, or
such leaven as shall at any time be allowed to be put therein by the
court or magistrates.) And that no person shall knowingly put into any
corn, meal, or flour, which shall be ground, dressed, bolted, or
manufactured for sale, any ingredient, mixture, or thing whatsoever, or
shall knowingly sell any thing which shall not be real and genuine meal
or flour of the grain the same shall import to be.[579]
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