A Digest of Reported Cases in the Supreme Court, Court of Insolvency, And Courts of Mines of the State of Victoria, And Appeals Therefrom to the High Court of Australia And the Privy Council : for the Years 1906 to 1912 Inclusive
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Pure Food Act 1905 (No. 2010), sees. 32, 35 and 36 — Adulterated article of food — Sale by servant — Reasonable precautions by master against committing an offence.] — Where a sale is effected contrary to the pro- visions of sec. 32 of the Pure Food Act 1905 the person selling is not guilty of an offence if he proves, so far as he personally is con- cerned, the exculpatory facts referred to in that section. O'Connor v. Jenner, (1909) V.L.R., 468; 31 A.L.T., 71; 15 A.L.R., 519. F.C., Madden, C.J...., Hodges and Cussen, JJ. Pure Food Act 1905 (No. 2010), sec. 32— Proof of reasonable precautions against com- mitting offence — Whether necessary where special exculpatory provisions exist — Health Act 1890 (No. 1098), sec. 71.]— Where there are special provisions in the Health Acts, as in sec. 71 of the Health 'Act 1890, exculpating a, defendant on proof of certain facts, sec. 32 of the Pure Food Act 1905 does not apply. Rider v. Dunn, (1908) V.L.R., 377; 29 A.L.T., 279 ; 14 A.L.R., 245.
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