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ADULTERATION OF SEEDS ACT 1869

ADULTERATION OF SEEDS ACT 1869 - LONG TITLE

An Act to prevent the Adulteration of Seeds.
[11th August 1869]
Preamble rep. by SLR 1893 (No.2)

ADULTERATION OF SEEDS ACT 1869 - SECT 1
Title of Act.

1. This Act may be cited as "The Adulteration of Seeds Act, 1869."

ADULTERATION OF SEEDS ACT 1869 - SECT 2
Interpretation of terms.

2. In this Act

The term "to kill seeds" means to destroy by artificial means the
vitality or germinating power of such seeds:

[The term "to dye seeds" means to apply to seeds any process of
colouring, dyeing, or sulphur smoking.]

ADULTERATION OF SEEDS ACT 1869 - SECT 3
Offences in relation to seeds.

3. Every person who, with intent to defraud or to enable another
person to defraud, does any of the following things; that is to
say,

(1)Kills or causes to be killed any seeds; or,

(2)Dyes or causes to be dyed any seeds; or,

(3)Sells or causes to be sold any killed or dyed seeds,

(1)For the first offence he shall be liable to a penalty not
exceeding five pounds:

(2)For the second and any subsequent offence he shall be liable to
pay a penalty not exceeding fifty pounds:

Moreover, in every case of a second or any subsequent offence
against this Act, it shall be lawful for the court, besides
inflicting upon the person guilty of such offence the punishment
directed by this Act, to order the offender's name, occupation,
place of abode, and place of business, and particulars of his
punishment under this Act, to be published, at the expense of such
offender, in such newspaper or newspapers, or in such other manner
as the court may think fit to prescribe.

ADULTERATION OF SEEDS ACT 1869 - SECT 4
Summary proceedings.

4. Any forfeiture or penalty under this Act may be recovered,
enforced, and applied as follows:

...

In Ireland in manner directed by the Petty Sessions (Ireland) Act,
1851, and any Act amending the same ...

Any jurisdiction by this section authorized to be exercised by two
justices may be exercised by any of the following magistrates within
their respective jurisdictions; that is to say,

...

As to Ireland ... by one or more justice or justices of the peace
in petty sessions.

The term "court" shall include the justices, magistrate, or other
person or persons before whom proceedings may be had for the
recovery of any forfeiture or penalty.

ADULTERATION OF SEEDS ACT 1869 - SECT 5
Intent to defraud particular person need not be alleged.

5. In any proceeding for any offence against this Act, it shall be
sufficient to allege that the party accused did the act charged
with intent to defraud or to enable some other person to defraud,
without alleging an intent to defraud any particular person or an
intent to enable any particular person to defraud any particular
person; and on the trial of any such offence it shall not be
necessary to prove an intent to defraud any particular person or an
intent to enable any particular person to defraud any particular
person, but it shall be sufficient to prove that the party accused
did the act charged with an intent to defraud or with intent to
enable some other person to defraud, or with the intent that any
other person might be enabled to defraud.

S.6 rep. by SLR (NI) 1954

ADULTERATION OF SEEDS ACT 1869 - SECT 7
Limiting time for proceedings under this Act.

7. Every complaint under this Act against any person in respect of
selling or causing to be sold any killed or dyed seeds shall be
commenced within twenty-one days from the time of the commission of
the offence complained of.

ADULTERATION OF SEEDS ACT 1869 - SECT 8
Costs of unreasonable prosecution.

8. Whenever any complaint is preferred against any person under this
Act, and the court upon the hearing thereof determines that it is
not bona fide made upon reasonable and probable cause, it shall be
lawful for the court in its discretion to direct and order that
the prosecutor or other person by whom or at whose instance such
complaint has been preferred shall pay unto the accused person the
just and reasonable costs, charges, and expenses, to be settled by
the court, of such accused person and his witnesses, occasioned by
or consequent upon the preferring of such complaint; and upon
non-payment of such costs, charges, and expenses within fourteen days
after the date of such direction and order, it shall be lawful for
the court to enforce payment of the same in the same manner as if
such costs were a penalty incurred by the person liable to pay the
same.

ADULTERATION OF SEEDS ACT 1869 - SECT 9
Other remedies not to be affected.

9. Nothing in this Act contained shall prejudice or affect the
power of proceeding by indictment or libel in respect of any
offence herein provided for, nor shall any proceeding, conviction, or
judgment to be had or taken under the provisions hereof against any
person prevent, lessen or impeach any remedy by civil process at
law or in equity which any party aggrieved by any offence against
this Act might have had if this Act had not been passed.

S.10 rep. by SLR 1893 (No.2)