Milk and Dairies Act, 1935
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PART IX. Miscellaneous Provisions. | ||
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Service and evidence of bacteriological certificate. |
58.—The following provisions shall have effect in relation to proceedings under this Act in respect of a sample of milk taken and dealt with under and in accordance with Part VIII of this Act, that is to say:— | |
(a) where for the purpose of such proceedings a bacteriological certificate has been obtained by or on behalf of the prosecutor, a copy thereof shall be served on the defendant with the summons; | ||
(b) where for the purpose of any such proceedings a bacteriological certificate is intended to be produced by the defendant, a copy thereof shall be sent to the prosecutor at least three clear days before the return day, and if it is not so sent, the court may, if it thinks fit, adjourn the hearing on such terms as it may consider proper; | ||
(c) in any such proceedings, the production by either party of a bacteriological certificate shall be sufficient evidence of the facts stated therein unless the other party requires that the bacteriological examiner who gave such certificate shall be called as a witness. |