153 Mass. 159 | Mass. | 1891
We see nothing in the objections of the defendant, that Joseph J. Little had not been appointed assistant clerk according to law, or that he had not authority to receive the complaint and attest the copies of the record. Pub. Sts. c. 154, §§ 7-10, 43; c. 155, § 6.
In Commonwealth v. Tobias, 141 Mass. 129, it is said in the opinion, that the construction to be given to the Pub. Sts. c. 57, §§ 5, 6, 7, and 9, is, that these sections prohibit the sale, etc. of milk containing “ more than eighty-seven per cent of watery fluid,” or “less than thirteen per cent of milk solids,” unless it is sold, not as pure milk, but as skimmed milk, and out of a vessel, can, or package marked as required by § 7; that the sale, etc. of milk “ to which water or any foreign substance has been added, or milk produced from cows fed on the refuse of distilleries or from sick or diseased cows,” is prohibited, whether it is sold as skimmed milk ór pure milk, and whether it contains more or less than thirteen per cent of milk solids, etc.
Exceptions overruled.