Chapter 19

north-west, into the marshes and lagoons on either hand of the protruding delta of the river Po, the sediment of which has pushed forward the coast-line for several miles within historic times. On islands within one of the lagoons opening from the Gulf of Venice, the city of that name has its unique situation. The east coast is generally bold and rocky. South of the Istrian peninsula, which separates the Gulfs of Venice and Trieste from the Strait of Quarnero, the island-fringe of the east coast extends as far south as Ragusa. The islands, which are long and narrow (the long axis lying parallel with the coast of the mainland), rise rather abruptly to elevations of a few hundred feet, while on the mainland, notably in the magnificent inlet of the Bocche di Cattaro, lofty mountains often fall directly to the sea. This coast, though beautiful, is somewhat sombre, the prevalent colour of the rocks, a light, dead grey, contrasting harshly with the dark vegetation, which on some of the islands is luxuriant. The north part of the sea is very shallow, and between the southern promontory of Istria and Rimini the depth rarely exceeds 25 fathoms. Between Sebenico and Ortona a well-marked depression occurs, a considerable area of which exceeds 100 fathoms in depth. From a point between Curzola and the north shore of the spur of Monte Gargano there is a ridge giving shallower water, and a broken chain of a few islets extends across the sea. The deepest part of the sea lies east of Monte Gargano, south of Ragusa, and west of Durazzo, where a large basin gives depths of 500 fathoms and upwards, and a small area in the south of this basin falls below 800. The mean depth of the sea is estimated at 133 fathoms. The bora (north-east wind), and the prevalence of sudden squalls from this quarter or the south-east, are dangers to navigation in winter. Tidal movement is slight. (See also MEDITERRANEAN.) For the ``Marriage of the Adriatic,'' or more properly ``of the sea,'' a ceremony formerly performed by the doges of Venice, see the article BUCENTAUR.

ADSCRIPT (from Lat. ad, on or to, and scribere, to write), something written ajier, as opposed to ``subscript,'' which means written under. A labourer was called an ``adscript of the soil'' (adscriptus glebae) when he could be sold or transferred with it, as in feudal days, and as in Russia until 1861. Carlyle speaks of the Java blacks as a kind of adscripts.

ADULLAM, a Canaanitish town in the territory of the tribe of Judah, perhaps the modern Aid-el-Ma, 7 m. N.E. of Beit-Jibrin. It was in the stronghold (``cave'' is a scribal error) of this town that David took refuge on two occasions (1 Sam. xxii. 1; 2 Sam. v. 17). The tradition that Adullam is in the great cave of Rhareitun (St Chariton) is probably due to the crusaders. From the description of Adullam as the resort of ``every one that was in distress,'' or ``in debt,'' or ``discontented,'' it has often been humorously alluded to, notably by Sir Walter Scott, who puts the expression into the mouth of the Baron of Bradwardine in Waverley, chap. lvii., and also of Balfour of Burley in Old Mortality. In modern political history the expression ``cave of Adullam'' (hence ``Adullamites'') came into common use (being first employed in a speech by John Bright on the 13th of March 1866) with regard to the independent attitude of Robert Howe (Lord Sherbrooke), Edward Horsman and their Liberal supporters in opposition to the Reform Bill of 1866. But others had previously used it in a similar connexion, e.g. President Lincoln in his second electoral campaign (1864), and the Tories in allusion to the Whig remnant who joined C. J. Fox in his temporary secession. From the same usage is derived the shorter political term ``cave'' for any body of men who secede from their party on some special subject.

ADULTERATION (from Lat. adulterare, to defile or falsify), the act of debasing a commercial commodity with the object of passing it off as or under the name of a pure or genuine commodity for illegitimate profit, or the substitution of an inferior article for a superior one, to the detriment of the purchaser. Although the term is mainly used in connexion with the falsification of articles of food, drink or drugs, and is so dealt with in this article, the practice of adulteration extends to almost all manufactured products and even to unmanufactured natural substances, and (as was once suggested by (John Bright) is an almost inseparable --though none the less reprehensible---phase of keen trade competition. In its crudest forms as old as commerce itself, it has progressed with the growth of knowledge and of science, and is, in its most modern developments, almost a branch--and that not the least vigorous one---of applied science. From the mere concealment of a piece of metal or a stone in a loaf of bread or in a lump of butter, a bullet in a musk baa or in a piece of opium, it has developed into the use of aniline dyes, of antiseptic chemicals, of synthetic sweetening agents in foods, the manufacture of butter from cocoa-nuts, of lard from cotton-seed and of pepper from olive stones. Its growth and development has necessitated the employment of multitudes of scientific officers charged with its detection and the passing of numerous laws for its repression and punishment. While for all common forms of fraud the common law is in most cases considered strong enough, special laws against the adulteration of food have been found necessary in all civilized countries. A vigorous branch of chemical literature deals with it; there exist scientific societies specially devoted to its study; laboratories are maintained by governments with staffs of highly trained chemists for its detection; and yet it not only develops and flourishes, but becomes more general, if less virulent and dangerous to health. There are numerous references to adulteration in the classics. The detection of the base metal by Archimedes in Hiero's crown, by the light specific gravity of the latter, is a well-known instance. Vitruvius speaks of the adulteration of minium with lime, Dioscorides of that of opium with other plant juices and with gum, Pliny of that of flour with white clay. Both in Rome and in Athens wine was often adulterated with colours and flavouring agents, and inspectors were charged with looking after it. In England, so far hack as the reign of John (1203), a proclamation was made throughout the kingdom, enforcing the legal obligations of assize as regards bread; and in the following reign the statute (51 Hen. III. Stat. 6) entitled ``the pillory and tumbrel'' was framed for the express purpose of protecting the public from the dishonest dealings of bakers, vintners, brewers, butchers and others. This statute is the first in which the adulteration of human food is specially noticed and prohibited; it seems to have been enforced with more or less rigour until the time of Anne, when it was repealed (1709). According to the hiber Albus it was strictly observed in the days of Edward I., for it states that: ``If any default shall be found in the bread of a baker in the city, the first time, let him be drawn upon a hurdle from the Guildhall to his own house through the great street where there be most people assembled, and through the great streets which are most dirty, with the faulty loaf hanging from his neck; if a second time he shall be found committing the same offence, let him be drawn from the Guildhall through the great street of Cheepe in the manner aforesaid to the pillory, and let him be put upon the pillory, and remain there at least one hour in the day; and the third time that such default shall be found, he shall be drawn, and the oven shall be pulled down, and the baker made to foreswear the trade in the city for ever.'' The assize of 1634 provides that ``if there be any manner of person or persons, which shall by any false wayes or meanes, sell any meale under the kinge's subjects, either by mixing it deceitfully or sell any musty or corrupted meal, which may be to the hurte and infection of man's body, or use any false weight, or any deceitful wayes or meanes, and so deceive the subject, for the first offence he shall be grievously punished, the second he shall loose his meale, for the third offence he shall suffer the judgment of the pillory and the fourth time he shall foreswore the town wherein he dwelleth.'' Vintners, spicers, grocers, butchers, regrators and others were subject to the like punishment for dishonesty in their commercial dealings--it being thought that the pillory, by appealing to the sense of shame, was far more deterrent of such crimes than fine or imprisonment. In the reign of Edward the Confessor a knavish brewer of the city of Chester was taken round the town in the cart in which the refuse of the privies had been collected. Ale-tasters had to look after the ale and test it by spilling some on to a wooden seat, sitting on the wet place in their leathern breeches, the stickiness of the ``residue obtained by evaporation'' affording the evidence of purity or otherwise. If sugar had been added the taster adhered to the bench; pure malt beer was not considered to yield an adhesive extract. In 1553, the lord mayor of London ordered a jury of five or six vintners to rack and draw off the suspected wine of another vintner, and to ascertain what drugs or ingredients they found in the said wine or cask to sophisticate the same. At another time eight pipes of wine were ordered to be destroyed because, on racking off, bundles of weeds, pieces of sulphur match, and ``a kind of gravel mixture sticking to the casks'' had been found.

Similar records have come down from the continental European countries. In 1390 an Augsburg wine-seller was sentenced to be led out of the city with his hands bound and a rope round his neck; in 1400 two others were branded and otherwise severely punished; in 1435 ``were the taverner Christian Corper and his wife put in a cask in which he sold false wine, and then exposed in the pillory. The punishment was adjudged because they had roasted pears and put them into new sour wine, in order to sweeten the wine. Some pears were hung round their necks like unto a Paternoster.'' In Biebrich on the Rhine, in 1482, a wine-falsifier was condemned to drink six quarts of his own wine; from this he died. In Frankfurt, casks in which false wine had been found were placed with a red flag on the knacker's cart, ``the jailer marched before, the rabble after; and when they came to the river they broke the casks and tumbled the stuff into the stream.'' In France successive ordonnances from 1330 to 1672 forbade the mixing of two wines together under the penalty of a fine and the confiscation of the wine.

Modern British Legislation.--In modern times the English parliament has dealt frequently with the subject of food adulteration. In 1725 it was provided that ``no dealer in tea or manufacturer or dyer thereof, or pretending so to be, shall counterfeit or adulterate tea, or cause or procure the same to be counterfeited or adulterated, or shall alter, fabricate or manufacture tea with terra-japonica, or with any drug or drugs whatsoever; nor shall mix or cause or procure to be mixed with tea any leaves other than the leaves of tea or other ingredients whatsoever, on pain of forfeiting and losing the tea so counterfeited, adulterated, altered, fabricated, manufactured or mixed, and any other thing or things whatsoever added thereto, or mixed or used therewith, and also the sum of L. 100.'' Six years afterwards, in 1730-173i, a further act was passed prescribing a penalty for ``sophisticating'' tea; it recites that several iii-disposed persons do frequently dye, fabricate or manufacture very great quantities of sloe leaves, liquorice leaves, and the leaves of tea that have been before used, or the leaves of other trees, shrubs or plants in imitation of tea, and do likewise mix, colour, stain and dye such leaves and likewise tea with terra-japonica, sugar, molasses, clay, logwood, and with other ingredients, and do sell and vend the same as true and real tea, to the prejudice of the health of his majesty's subjects, the diminution of the revenue and to the ruin of the fair trader. This act provides that for every pound of adulterated tea found in possession of any person, a sum of L. 10 shall be forfeited. It was followed by one passed in 1768-1767, which increased the penalty to imprisonment for not less than six nor more than twelve months. As regards coffee, an act of 1718 recited that ``divers evil-disposed persons have at the time or soon after the roasting of coffee made use of water, grease, butter or such-like materials, whereby the same is rendered unwholesome and greatly increased in weight,'' and a penalty of L. 20 is enacted. In 1803 an act refers to the addition of burnt, scorched or roasted peas, beans or other grains or vegetable substances prepared in imitation of coffee or cocoa, to coffee or cocoa, and fixes the penalty for the offence at L. 100, but subsequently permission was given to coffee or cocoa dealers also to deal in scorched or roasted corn, peas, beans or parsnips whole and not ground, crushed or powdered, under certain excise restrictions. An act passed in 1816 relating to beer and porter provides that no brewer of or dealer in or retailer of beer ``shall receive or have in his possession, or make or mix with any worts or beer, any liquor, extract or other preparation for the purpose of darkening the colour of worts or beer, other than brown malt, ground or unground, or shall have in his possession or use, or mix with any worts or beer any molasses, honey, liquorice, vitriol, quassia, coculus-indiae, grains of paradise, guinea-pepper or opium, or any extracts of these, or any articles or preparation whatsoever for or as a substitute for malt or hops.'' Any person contravening was liable to a penalty of L. 200, and any druggist selling to any brewer or retail dealer any colouring or malt substitute was to be fined L. 500. It was only in 1847 that brewers were allowed to make for their own use, from sugar, a liquor for darkening the colour of worts or beer and to use it in brewing.

All the laws hitherto referred to were mainly passed in the interest of the inland revenue, and their execution was left entirely in the hands of the revenue officers. It was but natural that they should look primarily after the dutiable articles and not after those that brought no revenue to the state. About the middle of the 19th century many articles, however, paid import duty; butter, for instance, paid 5s. per hundredweight; cheese from 1s. 6d. to 2s. 6d.; flour or meal of all kinds, 4 1/2d.; ginger, 10s.; isinglass, 5s.; and so on. Sensational and doubtless largely exaggerated statements were from time to time published concerning the food supply of the nation. F. C. Accum (1769-1838) by his Treatise on Adulterations of Food and Culinary Poisons (1820), and particularly an anonymous writer of a book entitled Deadly Adulteration and Slow Poisoning unmasked, or Disease and Death in the Pot and the Bottle, in which the blood empoisoning and life-destroying adulterations of wines, spirits, beer, bread, flour, tea, sugar, spices, cheesemongery, pastry, confectionery, medicines, etc., etc., are laid open to the public (1830), roused the public attention. In 1850 a physician, Dr. Arthur H. Hassall, had the happy idea of looking at ground coffee through the microscope. Eminent chemists had previously found great difficulty in establishing any satisfactory chemical distinction between coffee, chicory and other adulterants of coffee; the microscope immediately showed the structural difference of the particles, however small. The results of Hassall's examinations were embodied in a paper which was read before the Botanical Society of London and was reported in The Times, 1850. A paper on the microscopic examination of sugar, showing the presence in that article of innumerable living mites, followed and attracted much attention. Hassall was in consequence commissioned by Thomas Wakley (1795--1862), the owner of the Lancet, to extend his examination to other articles of food, and for a period of nearly four years reports of the Lancet Analytical Sanitary Commission were regularly published, the names and addresses of hundreds of manufacturers and tradesmen selling adulterated articles being fearlessly given. The responsibility incurred was immense, but the assertions of the journal were so well founded upon fact that they were universally accepted as accurately representing the appalling state of the food supply. As instances may be cited, that of thirty-four samples of coffee only three were pure, chicory being present in thirty-one, roasted corn in twelve, beans and potato flour each in one; of thirty-four samples of chicory, fourteen were adulterated with corn, beans or acorns; of forty-nine samples of bread, every one contained alum; of fifty-six samples of cocoa, only eight were pure; of twenty-six milks, fourteen were adulterated; of twenty-eight cayenne peppers, only four were genuine, thirteen containing red-lead and one vermilion; of upwards of one hundred samples of coloured sugar-confectionery, fifty-nine contained chromate of lead, eleven gamboge, twelve red-lead, six vermilion, nine arsenite of copper and four white-lead.

Act of 1860.

In consequence of the Lancet's disclosures a parliamentary committee was appointed in 1855, the labours of which resulted in 1860 in the Adulteration of Food and Drink Act, the first act that dealt generally with the adulteration of food. The first section of this enacted ``that every person who shall sell any article of food or drink with which, to the knowledge of such person, any ingredient or material injurious to the health of persons eating or drinking such article has been mixed, and every person who shall sell as pure or unadulterated any article of food or drink which is adulterated and not pure, shall for every such offence, on summary conviction, pay a penalty not exceeding L. 5 with costs.'' In the case of a second offence the name, place of abode and offence might be published in the newspapers at the offender's expense.

1872.

As the act, however, left it optional to the district authorities to appoint analysts or not, and did not provide for the appointment of any officer upon whom should rest the duty of obtaining samples or of prosecuting offenders, it virtually remained a dead letter till 1872, when the Adulteration of Food and Drugs Act came into force, prescribing a penalty not exceeding L. 50 for the sale of injurious food and, for a second offence, imprisonment for six months with hard labour. Inspectors were empowered to make purchases of samples to be submitted for analysis, but appointment of analysts was still left optional. The definition of an adulterated article given in that act was essentially that still accepted at the present time, namely, ``any article of food or drink or any drug mixed with any other substances, with intent fraudulently to increase its weight or bulk, without declaration of such admixture to any purchaser thereof before delivering the same.'' The adoption of the act was sporadic, and, outside London and a few large towns, the number of proceedings against offenders remained exceedingly small. Nevertheless complaints soon arose that it inflicted considerable injury and imposed heavy and undeserved penalties upon some respectable tradesmen, mainly owing to the ``want of a clear understanding of what does and does not constitute adulteration,'' and in some cases to conflicting decisions and the inexperience of analysts.

Again a parliamentary committee was appointed which took a mass of evidence, the outcome of its inquiries being the Sale Of Food and Drugs Act 1875, which is in force at the present day, subject to amendments and additions made at later dates. This act avoided the term ``adulteration'' altogether and endeavoured to give a clearer description of punishable offences:--Section 6. ``No person shall sell to the purchaser any article of food or any drug which is not of the nature, substance and quality of the article demanded by the purchaser under a penalty not exceeding L. 20; provided that an offence shall not be deemed to be committed under this section in the following cases: (1) where any matter or ingredient not injurious to health has been added to the food or drug because the same is required for the production or preparation thereof as an article of commerce, in a state fit for carriage or consumption, and not fraudulently to increase the bulk, weight or measure of the food or drug, or conceal the inferior quality thereof; (2) where the food or drug is a proprietary medicine, or is the subject of a patent in force and is supplied in the state required by the specification of the patent; (3) where the food or drug is compounded as in the act mentioned; (4) where the food or drug is unavoidably mixed with some extraneous matter in the process of collection or preparation.''

Section 8. ``No person shall be guilty of any such offence as aforesaid in respect to the sale of an article of food or a drug mixed with any matter or ingredient not injurious to health, and not intended fraudulently to increase its bulk, weight or measure, or conceal its inferior quality, if at the time of delivering such article or drug he shall supply to the person receiving the same a notice, by a label distinctly and legibly written or printed on or with the article or drug, to the effect that the same is mixed.'' The act made the appointment of analysts compulsory upon the city of London, the vestries, county quarter sessions and town councils or boroughs having a separate police establishment. For the protection of the vendor, samples that had been purchased by the inspectors for analysis were to be offered to be divided into three parts, one to be submitted to the analyst, the second to be given to the vendor to be dealt with by him as he might deem fit, and the third to be retained by the inspector: and, at the discretion of the magistrate hearing any summons, to be submitted, in case of dispute, to the commissioners of inland revenue for analysis by the chemical laboratory at Somerset House. The public analyst had to give a certificate, couched in a prescribed form, to the person submitting any sample for analysis, which certificate was to be taken as evidence of the facts therein stated, in order to render the proceedings as inexpensive as practicable. If the defendant in any prosecution could prove to the satisfaction of the court that he had purchased the article under a warranty of genuineness, and that he sold it in the same state as when he purchased it, he was to be discharged from the prosecution, but no provision was made that in that event the giver of the warranty should be proceeded against.

1879.

Section 6, quoted above, gave rise to an immense amount of litigation, and already in 1879 it was found necessary to pass an amending act, making it clear that if a purchase was effected by an inspector with the intent to get the' purchased article analysed, he was as much ``prejudiced'' if obtaining a sophisticated article as a private purchaser who purchased for his own use and consumption. The amending act also dealt in some small measure with a difficulty which immediately after passing the act was found to arise in ascertaining whether any article was ``of the nature, substance and quality demanded by the purchaser''---``in determining whether an offence has been committed under section 6 by selling spirits not adulterated otherwise than by the admixture of water, it shall be a good defence to prove that such admixture has not reduced the spirit more than twenty-five degrees under proof for brandy, whisky or rum, or thirty-five under proof for gin.'' Almost insuperable difficulties as to the meaning of ``nature, substance and quality'' subsequently arose as regards every conceivable food material. its it was obviously impossible for parliament to define every article, to lay down limits of composition within which it might vary, to specify the substances or ingredients that might enter into it, to limit the proportions of the unavoidable impurities that might be contained in it, the duty to do all this was left to the individual analysts. An enormous number of substances had to be analysed until sufficient evidence had been accumulated for the giving of correct opinions or certificates. Endless disputes unavoidably arose, friction with manufacturers and traders, unfortunately also with the referees at the inland revenue, who for many years were altogether out of touch with the analysts. Conflicting decisions come to by various benches of magistrates upon similar cases, allowing of the legal sale of an article in one district which in another had been declared illegal, rendered the position of merchants often unsatisfactory. It was not recognized by parliament until almost a quarter of a century had elapsed that it was not enough to compel local authorities to get samples analysed, but that it was also the duty of parliament to lay down specific and clear instructions that might enable the officers to do their work. This has only been very partially done even at the present time.

Difficulties of administration.

A curious condition of things arose out of the definition of ``food'' given in the act of 1875: ``The term food shall include every article used for food or drink by man, other than drugs or water.'' It had been the practice of bakers to add alum to the flour from which bread was manufactured, in order to whiten the bread, and to permit the use of damaged and discoloured flour. This practice had been strongly condemned by chemists and physicians, because it rendered the bread indigestible and injurious to health. Shortly after the passing of the Food Act this objectionable practice was stamped out by numerous prosecutions, and alumed bread now no longer occurs. A large trade, however, continued to be carried on in baking powders consisting of alum and sodium bicarbonate. It was naturally thought that, as baking powder is sold with the obvious intention that it may enter into food, the vendors could also be proceeded against. The high court, however, held that, baking powder in itself not being an article of food, its sale could not be an offence under the Food Act. This anomaly was removed by a later act. Under section 6 of the act of 1875 a defendant could be convicted, even if he had no guilty knowledge of the fact that the article he had sold was adulterated. In the repealed Adulteration Act of 1872 the words ``to the knowledge of'' were inserted, and they were found fatal to obtaining convictions. The general rule of the law is that the master is not criminally responsible for the acts of his servants if they are done without his knowledge or authority, but under the Food Act it was held (Brown v. Foot, 1892, 66 L.T. 649) that a master was liable for the watering of milk by one of his servants, although he had published a warning to them that they would be dismissed if found doing so. Milk might be adulterated during transit on the railway without the knowledge of the owner or receiver, and yet the vendor was liable to conviction.

When it is brought to the knowledge of a purchaser that the article sold to him is not of the nature, substance or quality he demanded, the sale is not to the prejudice of the purchaser. The notice may be given verbally or by a label supplied with the article. A common law notice may also be given. In Sandys v. Small, 1878, 3 Q.B.D. 449, a publican had displayed a placard within the inn to the effect that the spirits sold in his establishment were watered. This was held, as it were, to contract him out of the Food Act. Similarly, in the case of butters that had been adulterated with milk, the vendors, by giving a general notice in the shop, evaded punishment under the act. A notice, is, however, of no avail if given under section 8 of the act, if the admixture has been made for fraudulent purposes. In Liddiart v. Reece, 44 J.P. 233, 1880, an inspector asked for coffee and received a packet with a label describing it as a mixture of coffee and chicory. It was sold at the price of coffee. It turned out to be a mixture containing 40% of chicory. The high court held that this was an excessive quantity, and was added for the purpose of fraudulently increasing the bulk or weight. In another case, however (Otter v. Edgley, 1893, 57 J.P. 457), where an inspector had asked for French coffee and had been supplied with a mixture containing 60% of chicory, the article being labelled as a mixture, the high court held that there was no evidence of fraud, and, in the case of cocoa, a mixture containing as little as 30% of cocoa and 70% of starch and sugar, the label stating it to be a mixture, was held to have been legally sold (Jones v. Jones, 1894, 58 J.P. 653). In this case the label notifying the admixture was hidden by a sheet of opaque white paper, nor had the purchaser's attention been called to it, but the price of the article was much lower than that of pure cocoa. It is seen from these few instances, taken at random out of scores, that this clause of the act was far from clear and was very variously interpreted at the courts. The warranty clause (clause 25) also gave rise to an immense amount of litigation. In the earlier high court decisions a very narrow interpretation was given to the term ``written warranty,'' but in later years a wider view prevailed. A general contract to supply a pure article is not a sufficient warranty unless with every delivery there is something to identify the delivery as part of the contract. An invoice containing merely a description of an article as ``lard'' or ``pepper'' is not a warranty; but if there be added the words ``guaranteed pure'' it is a sufficient warranty. A label upon an article is not in itself a warranty, but a label bearing the words ``pure'' or ``unadulterated,'' coupled with an invoice which could be identified with the label, together were held to form an effective warranty.

As many thousands of samples were annually submitted by inspectors under the act to the analysts who had been appointed in 237 boroughs and districts, a very large number of cases led to disputes of law or fact, about seventy high court cases being decided within eighteen years of the passing of the act. While these cases related to a variety of different articles and conditions, dairy produce, namely milk and butter, led to the greatest amount of litigation. It may seem to be a simple matter to ascertain whether a vendor of milk supplies his customer with milk of the ``nature, substance and quality demanded,'' but milk is subject to great variations in composition owing to a large number of circumstances which will be considered below.

Margerine Act.

Not many years after the passing of the Food Act of 1875 the sale of butter substitutes assumed very large proportions, and so seriously prejudiced dairy-farmers that, as regards these, an act was passed which was not exactly an amendment of the Sale of Food and Drugs Act, although it embodied a good many provisions of that act. It was called the Margarine Act 1887. It provided that every package of articles made in imitation of butter should be labelled ``margarine'' in letters 1 1/2 inches square. The vendor, however, was protected if he could show a warranty or invoice, whereas in the Sale of Food and Drugs Act he was not protected by invoice merely. Inspectors might take samples of ``any butter or substitute purporting to be butter'' without going through the form of purchase. The maximum penalty was raised from L. 20 as provided by the Food Act, to L. 50 in the case of a first and to L. 100 in the case of repeated conviction. The Margarine Act is the first statute that makes reference to and sanctions the use of preservatives, concerning which a good deal will have to be said farther on.

Select committee, 1894.

In the course of twenty years of administration of the Food Acts so many difficulties had arisen in reference to the various points referred to, that in 1894 a select committee was appointed to inquire into the working of the various acts and to report whether any, and if so what, amendments were desirable. During three sessions the committee sat and took voluminous evidence. They reported that where the acts had been well administered they had been most beneficial in diminishing adulteration offences. Forms of adulteration which were common prior to the passing of the 1875 act, such as the introouction of alum into bread and the colouring of confectionery with poisonous material, had almost entirely disappeared. A close connexion had been shown to exist between the extent of adulteration and the number of articles submitted for analysis under the acts, the proportion of adulterated samples being found to diminish as the number of samples taken relatively to the population increased. Thus, in 1890, in Somersetshire one sample had been analysed for every 379 persons, the percentage of adulterated samples in those taken for analysis being as low as 3.6; in Gloucestershire one to 770 persons with 6.2 of adulteration; in Bedfordshire one to 821 with 7.1; in Derbyshire one to 3164 with 17.1%, and in Oxford one sample to 14,963 inhabitants with no less than 41.7% of adulterated samples. The number of samples of articles annually submitted to analysis, according to the returns obtained by the Local Government Board, steadily increased from the commencement onward. Whereas in 1877, 14,706 samples, and in 1883, 19,648 samples were analysed, in 1904-1905 the number was no less than 84,678, or an average of one sample to 384 inhabitants for the whole country. In the five years 1877--1881 the proportion found adulterated was 16.2%; in the following five years ending with 1886, the percentage was 13.9; in the five years ending 1891, the percentage was 11.7; and in the year 1904 the percentage was only 8.5. The select committee found that wide local differences in the administration of the acts existed, and that in many parts of the country the local authorities had failed to exercise their powers. In one metropolitan district, eight members of the local authority had been convicted of offences under the acts, upon evidence obtained by their own inspector. The result was that the duties of the inspector of the acts were afterwards controlled by a committee of that local authority, who decided the cases in which prosecutions should be.undertaken, and the administration of the acts was ``little better than a farce.'' No power existed to compel local authorities to carry out the acts. The committee came to the conclusion that in many cases the responsibility for the adulteration of articles of food did not rest with the retailer but with the wholesale dealer or manufacturer; that the law punished petty offences and left great ones untouched; that it fined a small retailer and left the wholesale offender scot free. As regards warranty, they thought that the precedent created by the Margarine Act should be followed generally, and that invoices and equivalent documents should have the force of warranties. They found that a considerable proportion of the food imports were adulterated, out of 890 samples of butter taken by the customs in 1895 no less than 106 being impure, and they recommended that in addition to tea, which by section 30 of the act of 1875 was to be systematically analysed by the customs, prior to being passed for distribution, samples of all food imports should be taken and examined by the customs. The committee further found that the penalties imposed under the acts had for the most part been trifling and quite insufficient to serve as deterrents, the profits derived from the sale of adulterated articles being out of proportion great to the insignificant fines imposed, and they recommended that for the second offence the penalty of L. 5 should be the minimum one, and that in respect to third or subsequent offences imprisonment without the option of a fine might be inflicted. The important question of food standards was considered at great length. The absence of legal standards or definitions of articles of food had occasioned great difficulty in numerous cases, but as no authority was provided by the existing acts that might fix such standards, they recommended the formation of a scientific authority or court of reference composed of representatives of the laboratory of the Inland Revenue, of the Local Government Board, the Board of Agriculture, the General Medical Council, the Institute of Chemistry, the Pharmaceutical Society, of other scientific men and of the trading and manufacturing community, who should have the duty of fixing standards of quality and purity of food to be confirmed by a secretary of state.

The committee's deliberations and recommendations resulted in the Sale of Food and Drugs Act 1899. This unfortunately was not a comprehensive act superseding the previous acts, but was an additional and amending one, so that at the present time four food acts run parallel and are together in force, rendering the subject from a legal point of view one of extreme complexity. In this act the growing influence of the Board of Agriculture and the desire to assist farmers and dairymen more decisively than previously are clearly apparent. Section 1 empowers the customs to take samples of consignments of imported articles of food and enjoins them to communicate to the Board of Agriculture the names of the importers of adulterated goods, any article of food to be considered adulterated or impoverished if it has been mixed with any other substance (other than preservative or colouring matter, of such a nature and such a quantity as not to render the article injurious to health), or if any part of it has been abstracted to the detriment of the article. Margarine or cheese containing margarine has to be conspicuously marked as such; condensed, separated or skim milk has to be clearly labelled ``machine-skimmed milk'' or ``skimmed milk,'' as the case may be. The next sections give to the Local Government Board and the Board of Agriculture a roving commission to see that the acts are properly enforced throughout the kingdom so as to apply the acts more equally throughout the country than heretofore, and in default of local authorities carrying out their duties empower the government departments mentioned to execute and enforce the acts at the expense of the local authorities. The importance of a regular and conscientious control of the public food supply by the local authorities was thus for the first time, after forty years of experimental legislation, fully acknowledged. In recognition of the great difficulties experienced for many years by analysts in their endeavour to fix minimum percentages for the fat and other milk constituents, and their inability to do so without statutory powers, the Board of Agriculture is authorized by section 4 to make regulations ``for determining what deficiency in any of the normal constituents of genuine milk, cream, butter or cheese, or what addition of extraneous matter or proportion of water'' in any of these materials shall raise a presumption, until the contrary is proved, that these articles are not genuine. In pursuance of these powers the Board of Agriculture did in 1901 issue their milk regulations, adopting officially the minima agreed upon by public analysts, and in 1902 the sale of butter regulations, which fixed 16% as the maximum of water that might be contained in butter. It is important to note that the fact of a sample of milk falling short of the standard is not conclusive evidence of adulteration, but it justifies the institution of proceedings and casts the onus of proving that the sample is genuine upon the defendant. The Margarine Act of 1887 was extended to margarine cheese, the obligatory labelling of margarine packages was more precisely regulated, margarine manufacturers and dealers in that article were compelled to keep a register open to inspection by the Board of Agriculture, showing the quantity and designation of each consignment, and power was given to officers of the board to enter at all reasonable times manufactories of margarine and margarine cheese. The amount of butter-fat that might be present in margarine was limited to 10%, while under the Margarine Act of 1887 an unlimited admixture might have been made, provided that the mixture, no matter how large the percentage of butter, was sold as margarine. As is further explained below, the difficulty of distinguishing without chemical aid between pure butter and margarine containing a considerable percentage of butter is very great, and fraudulent sales continued to be common after the passing of the Margarine Act. The labelling section of the Food Act 1875 (sec. 8), which had been systematically circumvented, was modified, a label being no longer recognized as distinctly and legibly written or printed, unless it is so written or printed that the notice of mixture given by the label is not obscured by other matter on the label, though labels that had been continuously in use for at least seven years before the commencement of the act were not interfered with. In consequence of the admitted unfairness of asking for a portion of the contents of a properly labelled tin or package and then instituting proceedings because no declaration of admixture had been made, it was enacted that no person shall be required to sell any article exposed for sale in an unopened tin or packet, except in the unopened tin or packet in which it is contained. This removed a grievance which had long been felt both by retailers and manufacturers, and is a provision of growing importance with the continually increasing sale of articles put up in factories. The warranty provisions, which, as before stated, had given rise to much litigation, were more clearly defined. A notice that a defendant would rely for his defence upon a warranty had to be given within seven days of the service of the summons or the defence would not be available, and the warrantor was empowered to appear at the hearing and to give evidence so that no man's name could, as sometimes previously happened, be dragged into a case without due notice to him. A warranty or invoice given by a person resident outside the United Kingdom was no longer recognized as a defence, unless the defendant could prove that he had taken reasonable steps to ascertain and did in fact believe in the accuracy of the statement contained in the warranty. This prevented collusion between a foreign shipper and an importer; and, lastly, the definition of ``food'' was widened (in view of the baking-powder decision) so that the term food ``shall include every article used for food or drink by man, other than drugs or water, and any article which ordinarily enters into or is used in the composition or preparation of human food, and shall also include flavoring matters and condiments.''

The act of 1899 embodies, with one exception, the most important recommendations of the Food Products Committee, the exception being the omission of instituting a board of reference that might deal with difficulties as they arose, guide analysts and public authorities in fixing limits for articles other than milk and butter, and take up the important questions of preservatives and colouring matters and such like. An occurrence which almost immediately followed the passing of the act showed in the strongest manner the necessity of such guiding board--namely, the outbreak of arsenical poisoning in the Midlands in the latter part of 1900.

Arsenic in foods.

In the month of June 1900 there occurred, mainly in the Midlands but also in other parts of England and Wales, an outbreak of an illness variously described as ``alcoholism,'' ``peripheral neuritis'' or ``multiple neuritis.'' This affected about 6000 persons and resulted in about 70 deaths. It was soon ascertained that the sufferers were all beer drinkers, and several of them were employees of a local brewery, the majority of whom had suffered for some months past. Although suspicion fell early upon beer, some considerable time elapsed before Dr E. S. Reynolds of Manchester discovered arsenic in dangerous proportions in the beer. Steps were immediately taken by brewers and sanitary authorities to ensure that this arsenical beer was withdrawn from sale, and, as a result, the epidemic came speedily to an end. In all instances where this epidemic of sickness had been traced to particular breweries, the latter had been users of brewing sugars-glucose and invert sugar--supplied by a single firm. The quantity of arsenic detected in specimens of these brewing sugars was in some cases very large, amounting to upward of four grains per pound. The implicated brewing sugars were found to have become contaminated by arsenic in course of their manufacture through the use of sulphuric acid, some specimens of which contained as much as 2.6% of arsenic. The acid had been made from highly arsenical iron pyrites, and as the manufacturers of the glucose had not specifically contracted with the acid makers for pure acid, the latter, not knowing for what purpose the acid was to be used, had felt themselves justified in supplying impure acid. A royal commission was appointed in February 1901, with Lord Kelvin as chairman, to inquire into the matter, and an enormous amount of attention was naturally given to it by chemists and medical men. It was soon found that arsenic was very widely disseminated in two classes of food materials, namely, such as had been dried or roasted in gases resulting from the combustion of coal, and such as had been more or less chemically manufactured. All coal contains iron pyrites, and this mineral again is contaminated with arsenic.

When the coal is burned the fumes are arsenical and part of the arsenic condenses and deposits. Malt dried in English malt kilns was found to be almost invariably arsenical, and there cannot be a doubt that English beers had for many years past been thus contaminated. At the present time coal virtually free from arsenic is selected for malting, or Newlands' process, consisting of the admixture with coal of lime which renders the arsenic non-volatile, is adopted, and malt free from all but the merest traces of arsenic is manufactured. Part of the arsenic remains in the coalashes and wherever these deposit arsenic can be traced. Sir Edward Frankland had, many years previously, detected arsenic in the London atmosphere. Chicory roasted with coal, steaks and chops grilled over an open fire, thus obtain a minute arsenical dosing. In sugar refineries carbonic acid gas is, at one stage of the process, passed through the liquor for the purpose of precipitating lime or strontia. When this carbonic acid is derived from coal the sugar often shows traces of arsenic. When arsenical malt or sugar infusion is fermented, as in brewing, the yeast precipitates upon itself a considerable proportion of the impurity, thus partly cleaning the beer, but all preparations made from yeast-extracts resemble to some extent meat extracts, with which they are sometimes fraudulently mixed---are thus exposed to arsenical contamination. On the continent of Europe malt is not dried in kilns with direct access of combustion gases but on floors heated from beneath, and continental beers therefore have not been found arsenical. The second class of causes of contamination consists of chemicals. The most important chemical product is sulphuric acid. This used to be made from brimstone or native volcanic sulphur, which is virtually free from arsenic. But since about 1860 sulphuric acid has been more largely made from iron or copper pyrites. Pyrites-acid is always arsenical, but can, by suitable treatment, be easily freed from that impurity. For many purposes acid that has not been purified is employed. In the Leblanc process of manufacture the first step is the conversion of salt into sodium sulphate by sulphuric acid. The hydrochloric acid which is formed carries with it most of the arsenic of the sulphuric acid. Wherever such hydrochloric acid is used it introduces arsenic; thus, in the separation of glycerin from soap lyes, the alkali of the latter is neutralized with hydrochloric acid and glycerin is in consequence frequently highly arsenical. So is the soda produced in the Leblanc process, and every one of the numerous soda salts made from soda is liable to receive its share. All acids liberated from their salts by sulphuric acid, such as phosphoric, tartaric, citric, boracic, may be, and sometimes are, thus contaminated. All superphosphates, made by the action of crude sulphuric acid upon bones or other phosphatic materials, and sulphate of ammonia, made from gas-liquor and acid, that is to say, two of the most important manurial materials, are arsenical, and the poison is thus spread far and wide over meadows and fields, and can be traced in the soil wherever artificial manures have been applied. The crops sometimes take up arsenic to a slight extent, but happily the plant is more selective than man, and no serious amount of poison absorption appears to be possible. The risk of contamination is, of course, much greater with substances which, like glucose, are not further purified by crystallization, but retain whatever impurity is introduced into them. Glucose is not only used in beer, in which by legal enactments it is permitted to be used, but is also substituted for sugar in a number of food products, and is liable to carry into them its contamination. Sugar confectionery, jams and marmalade, honey, and such like, are often admixed with glucose. It is difficult to say in the present state of the law whether such admixture amounts to adulteration. It was clearly made originally for fraudulent purposes, but usage and high court decisions have gradually given the practice an air of respectability. Vinegar of sorts is also made from a glucose liquor produced by the action of sulphuric acid upon maize or other starchy material, and is, in its turn, exposed to arsenic contamination. There is hardly a chemical substance which has directly or indirectly come into contact with sulphuric acid that is not at times arsenical. Thus, while artificial colours, now so much used for the dyeing of food products, are no longer prepared---as was rosaniline (the parent substance of so many aniline dyes) at an early stage of its manufacture--with arsenic acid, yet they are often contaminated indirectly from sulphuric acid. Furthermore, hardly any metal that results from the smelting of any ore with coal is free from arsenic, iron in particular, as employed for pots and pans and implements, being highly arsenical. From the iron the many chemical preparations which contain or are made with the aid of iron salts may be arsenicated. The general presence of arsenic from some of these causes has been known for many years; outbreaks of arsenical poisoning have been due to it at various times, but neglect, forgetfulness and human shortsightedness let the matter go into oblivion, and it is safe to predict, in spite of all attention which has been given to the subject, of the panic which was created by the beer-poisoning outbreak, of the shock and injury caused to manufacturers of many kinds, and of the watchfulness aroused in officers of health and analysts, that as long as the production of food materials or substances that go into food materials is not left to the care of nature, and as long as man adds the products of his ingenuity to our food and drink, so long will ``accidents,'' like the Manchester poisoning, from time to time recur. We now search for arsenic; some other time it is lead, or antimony, or selenium, that will do the mischief. Man does what he can according to his light, but he sees but a little patch of the sky of knowledge, while the plant or the animal building up its body from the plant has learned by inheritance to avoid the assimilation of matters noxious to it. Strictly speaking, arsenical poisoning does not belong to the subject of adulteration. It is not due to wilfulness but to stupidity, but it affords a lesson which cannot be taken too much to heart, that mankind, by relying too much upon ``science'' in feeding, is on a path that is fraught with considerable danger. To safeguard consumers, as far as practicable, the royal commission made important recommendations concerning amendments of the Food Acts; these, as at present interpreted and administered, were reported to be unsatisfactory for the purpose of protecting the consumer against arsenic and other deleterious substances in food. ``As a rule public analysts receive samples in order that they may pronounce upon their genuineness or otherwise, knowing nothing of the local circumstances which led to their being taken, of their origin or the reasons for sending them. The term `genuine' in this sense means that the analyst has not detected such objectionable substances as he has considered it necessary to look for in the sample submitted to him. Obviously, the value of the statement that the sample is `genuine' depends upon the extent to which the analyst has means of knowing what are the objectionable substances which it is liable to contain. In present circumstances he has not sufficient information on this point.'' It was also pointed out that the application of the Food Acts to prevention of contamination of foods by deleterious substances was materially hindered by want of an official authority with the duty of dealing with the various medical, chemical and technical questions involved, and that the absence of official standards militated against the efficiency of the existing acts. The commission advised that a special officer be appointed by the Local Government Board to obtain by inquiries from various sources, such information as would enable the board to direct the work of local authorities in securing greater purity of food; and they further recommended that the board or court of reference, which had been advised by the Committee on Food Products Adulteration, should be established. Pending the establishment of official standards in respect of arsenic under the Food Acts, they were of opinion that penalties should be imposed upon any vendor of beer or any other liquid food, or of any liquor entering into the composition of food, if that liquid be shown by adequate test to contain one-hundredth of a grain or more of arsenic in the gallon, and with regard to solid food, no matter whether it be consumed habitually in large or small quantities, or whether it be taken by itself (like golden syrup), or mixed with water or other substances (like chicory or yeast extract)--if the substance contain one-hundredth of a grain of arsenic or more to the pound. The board of reference, most urgently needed for the protection of the public and for the guidance of manufacturers and officers, has yet to be created. While from time immemorial certain articles of food have been preserved by salting, smoking, drying, or by the addition of sugar and in some cases of saltpetre, during the last quarter of the 10th century the use of chemicals acting more powerfully as antiseptics or preservatives extended enormously, particularly in England. A very large fraction of the British food supply being obtained from abroad, a proportionately great difficulty exists in obtaining the food in an entirely fresh and untainted condition. While refrigeration and cold-storage has been the chief factor in enabling the meat and other highly perishable foods to be imported, other steps, ensuring preservation of goods that are collected from farmers and brought together at shipping ports, are necessary to prevent decomposition prior to such goods coming into cold store. Thus it is well-nigh impossible to collect butter from farms in Australia or New Zealand far distant from the coast without the addition of some chemical preservative. Heavily salted goods no longer appeal to the modern palate, and, with the progress of specialized labour, the inhabitants, especially of great towns, have become accustomed to resort to manufactured provisions instead of the home-made and home-cooked food. Manufacturers of many articles of preserved food gradually adopted the use of chemical preservatives, and at the present time the practice has become so general that it may be said that practically every person in the United Kingdom who has passed the suckling stage consumes daily more or less food containing chemical preservatives. The Food Act allows of the addition of any ingredient, not injurious to health, if it be required for the production or preparation of the food, or as an article of commerce, in a state fit for carriage. The legality or otherwise of the use of chemical preservatives, therefore, hinges upon their innocuousness. Upon theoretical considerations it is clear that a substance which is capable of acting as an antiseptic mnst act injuriously upon bacteria, fungi or yeasts, and as the human body is, generally speaking, less resistant to poisons than the low organisms in question, it would seem to follow that antiseptics are bound to affect it injuriously. It is, of course, a question of dose and proportion. It has further been said that all antiseptics possess some sort of medicinal action, and however valuable they may be in disease when administered under the control of a competent physician, they have no business to be given indiscriminately to sick and healthy alike by purveyors of food. The result of a general desire on the part of importers and manufacturers of food materials, of the officers under the Food Act, of the medical profession and of the public, resulted after many years of agitation and complaint and after numerous conflicting magisterial decisions, in the appointment in 1899, by the president of the Local Government Board, of a departmental committee to inquire into the use of preservatives and colouring matters in food, with the reference to report: first, whether the use of such materials or any of them, in certain quantities, is injurious to health, and, if so, in what proportion does their use become injurious, and, second, to what extent and in what amounts are they used at the present time. After the examination of a great number of witnesses a report was issued in 1901. Perhaps the most important conclusion was that the instances of actual harm which were alleged to have occurred from the consumption of articles of food and drink chemically preserved were few in number, and were not at all supported by conclusive evidence. During the period which has elapsed since chemically preserved food has been used, the mortality as a whole has . declined, and while this naturally cannot be put to the credit of the preservatives but is largely due to better feeding in consequence of the introduction of cheaper foods, which are rendered possible to some extent by the use of preservatives, it conclusively establishes the fact that no obvious harm has been done to the health of the community. The committee made certain recommendations which are the most authoritative pronouncements upon the subject. They are as follows:--That the use of formaldehyde or formalin, or preparations thereof, in food or drinks, be absolutely prohibited, and that salicylic acid be not used in a greater proportion than one grain per pint in liquid food and one grain per pound in solid food, its presence in all cases to be declared. That the use of any preservatives or colouring matter whatever in milk offered for sale in the United Kingdom be constituted an offence under the Sale of Food and Drugs Act. That the only preservative which it shall be lawful to use in cream be boric acid, or mixtures of boric acid and borax, and in amount not exceeding 0.25% expressed as boric acid, the amount of such preservative to be notified by a label upon the vessel. That the only preservative permitted to be used in butter and margarine be boric acid, or mixtures of boric acid and borax, to be used in proportions not exceeding 0.5% expressed as boric acid. That in the case of all dietetic preparations intended for the use of invalids or infants, chemical preservatives of all kinds be prohibited.

Borax.

As the most commonly used chemical preservative is boric acid, free or in the form of borax, which is extensively employed in butter, cream, ham, sausages, potted meats, cured butter, cream, ham, sausages, potted meats, cured fish, and sometimes in jams and preserved fruit, the arguments for and against its employment deserve more detailed attention. It cannot be looked upon in the light of common adulteration because, in any case, the quantity used is but an inconsiderable fraction, and the cost of it is generally greater than that of the food itself. It is not used to hide any traces of decomposition that may have taken place or to efface its effects. On the other hand, it cannot be said to be ``required for the production or preparation'' of the articles with which it is mixed, since a fraction at least of similar articles are made without preservative. It enables food to be kept from decomposition, but it also lessens the need for cleanliness and encourages neglect and slovenliness in factories. It has no taste, or only a very slight one, hence does not manifest itself to the consumer in the same way as does common salt, and cannot therefore be avoided by him should he desire to do so. Its preservative action, that is, its potency, is very slight in comparison with most other preservatives; its potential injuriousness to man must be proportionately small. It is practically without interference upon salivary, peptic or tryptic digestion, unless given in large quantities. Experiments made by F. W. Tunnicliffe and R. Rosenheim upon children showed that neither boric acid nor borax, administered in doses of from 15 to 23 grains per diem, exerted any influence upon proteid metabolism or upon the assimilation of phosphatized materials. The fat assimilation was, if anything, improved, and the body weight increased, and the general health and well-being was in no way affected. On the other hand, evidence was adduced that in some cases digestive disturbances, after continuous administration of from 15 to 40 grains, were observable, nausea and vomiting in some, and skin irritation, in one case resulting in complete baldness, in others.

Although it is in most cases very difficult to trace any gastric disturbance to any particular article of food or one of its ingredients, so as to exclude all other possible causes of disturbance, a fairly good case has been made out by a number of medical practitioners against boracic acid, taken in an ordinary diet and not for experimental purposes. The most exhaustive investigation which has as yet been made was carried out by Dr H. W. Wiley, chief chemist to the United States department of agriculture. A large number of young men who had offered themselves as subjects for the investigations, were boarded as a special ``hygienic table,'' but otherwise continued their usual vocations during the whole period of the experiment. They were placed upon their honour to observe the rules and regulations prepared by the department and to use no other food or drink than that provided, water excepted, and any water consumed away from the hygienic table was to be measured and reported. They were to continue their regular habits and not to indulge in any excessive amount of labour or exercise. Weight, temperature and pulse rate were continuously recorded. The periods during which the subjects of the experiment were kept under observation varied from thirty to seventy days, periods of rest being given during which they were permitted to eat moderately at tables other than the experimental one. There was a good and ample diet. The observations were divided into three periods: the fore period, the preservative period and the after period, during the whole of which time the rations of each member were weighed or measured and the excreta collected. Before the ``fore'' period was commenced a note was made of the quantities of food voluntarily consumed by each of the candidates, and from these the proper amount necessary in each case to maintain a comparatively constant body weight was calculated. When a suitable result was thus arrived at, the same quantity of food was given daily during the ``preservative'' and ``after'' periods. The preservative was given in the forms of borax and of boric acid, at first mixed with butter, but subsequently in gelatine capsules. This was found to be necessary from the fact that when the preservative was mixed with the food and concealed in it some of the members of the table evinced dislike of the food with which it was supposed to be incorporated; those who thought that the preservative was in the butter were disposed to find the butter unpalatable, and the same was true with those who thought it might be in the milk or coffee, while, when the preservative was given openly, much less disturbance was created. The preservative was given at first in small doses such as might be consumed in commercial food that had been preserved with borax; gradually the quantities were increased in order to reach the limit of toleration for each individual. All food was weighed, measured and analysed, the same being the case with the excreta. The blood was examined periodically as regards colouring matter and number of corpuscles. Everything was done to keep up the general health of the members and to do away with all unfavourable mental influences due to the circumstances. During the time of the experiment analyses were made of 2550 food samples and 1175 samples each of urine and faeces. The general results were as follows: there was no tendency to excite diarrhoea, and the nitrogen-metabolism was but very little influenced, if anything being slightly decreased. As regards phosphorus the combined results of all observations indicated that the preservative increased the excretion of phosphorus to a small extent, from 97.3% in the ``fore'' period, to 103.1 in the ``preservative'' period. The metabolism of fat was uninfluenced; there was an increase of the solid matters in the faeces and a decrease of those in the urine, from which Dr Wiley concluded that the preservatives interfered with the process of digestion and absorption. No influence was exerted on the corpuscles and the haemoglobin of the blood. The effect of boracic acid and borax on the general health Varied with the amount administered, quantities not exceeding half a gramme (7 1/2 grains) of boracic acid, or its equivalent of borax, producing no immediate effects, but the long-continued administration of such small doses seemed to produce the same results as the use of large doses over a shorter period. There was a tendency to diminish the appetite and to produce a fooling of fulness and uneasiness in the stomach and sometimes actual nausea, also one of fulness in the head manifested as a dull headache which disappeared when the preservative was dropped. The continued administration of large doses, 60 to 75 grains per day, resulted in most cases in loss of appetite, inability to perform work of any kind and general unfitness. In most cases 45 grains per day could be taken for some time, but gradually injurious effects were observed. In some cases 30 and even 15 grains per day appeared to cause illness, but it is acknowledged that these persons may have been suffering from influenza. The administration of 7.5 grains was declared by Dr Wiley to be too much for the normal man to receive regularly, although for a limited period there might be no danger to health. Dr Wiley concludes his report: ``It appears, therefore, that both boric acid and borax, when continuously administered in small doses for a long period or when given in large quantities for a short period, create disturbance of appetite, of digestion and of health.''

Dr Wiley's conclusions were adversely criticized by Dr O. Liebreich, who carefully studied on the spot all the conditions of the experiment and the documents relating to the investigation. He pointed out that the results were so indefinite and the number of persons under control so small that ``one case of self-deception or of forgetfulness only would throw into absolute uncertainty the solution of the whole question''; that no lasting injury to health was found in spite of transient disturbances attributed by Dr Liebreich to other causes, and that all persons declared themselves to be in better physical condition after seven months than they had been before. On the whole the balance of evidence seems to be that while no acute injury is likely to result from boron compounds in food, they are liable to produce slighter digestive interferences.

Formaldehyde.

Other chemical substances that are in use for the purpose of preserving food materials may be treated more shortly. Formaldehyde, coming into commerce in the form of a 40% solution under the name of formalin, was for a time largely used in milk. It certainly has very great antiseptic properties, as little as 1 part in 50,000 parts checking the growth of organisms in milk for some hours, but as the substance combines with albuminous matters and hardens them to an extraordinary degree, rendering, for instance, gelatine perfectly insoluble in water, it exerts an inhibitory effect on the digestive ferments. It injures salivary, peptic and pancreatic digestion. A set of five kittens fed with milk containing 1 part in 50,000 of formaldehyde for seven weeks were strongly retarded in growth, three ultimately dying, while four control kittens fed on pure milk flourished. In even moderate doses formalin produces severe pains in the abdomen and has caused death. It is now generally recognized as a substance that is admirably adapted for disinfecting a sick-room, but quite improper and unsuitable for food preservation.

Salicylic acid.

Salicylic acid or orthohydroxybenzoic acid is either obtained from oil of winter-green or is made synthetically by Kolbe's process from phenol and carbonic acid. Artificial salicylic acid generally contains impurities (creasotic acids) which act very injuriously upon health. When pure, salicylic acid employed as a food preservative has never produced decided injurious effects, although administered by itself in fairly strong solution it acts as an irritant to the stomach and kidneys, and sometimes causes skin eruptions. It is a powerful drug in larger doses and requires careful administration, especially as about 60% of the persons to whom it is administered show symptoms known as ``salicylism,'' namely, deafness, headache, delirium, vomiting, sometimes haemorrhage or heart-failure. It is doubtful whether pure salicyiic acid produces these symptoms. When present in proportion of 1 to 1000 it inhibits the growth of moulds and yeasts. In jams 2 grains per pound and in beverages 7 grains to a gallon are considered by manufacturers to be sufficient for preservative purposes. It is used mainly in articles of food or drink containing sugar, that is to say, in jams and preserved fruit, lime and lemon juices, syrups, cider, British wines and imported lager. Its use in butter, potted meat, milk or cream, in which it was not infrequently met with formerly, is now quite exceptional. It has already been stated that the preservative committee recommended its permissive use in small proportions. To some extent benzoic acid and benzoates have taken the place of salicylic acid and salicylates, partly because salicylic acid can readily be detected analytically, while benzoic acid is not quite easily discoverable. Its antiseptic potency is about equal to that of salicylic acid, and the arguments for or against its use are similar to those relating to the latter.

For the preservation of meat and beer, lime juice and dried fruit, sulphur dioxide (sulphurous acid) and some of the sulphites have long been employed. Sulphuring of hops and disinfection of barrels by burning brimstone matches is an exceedingly old practice. Burning sulphur is well known as a gaseous disinfectant of rooms, bacteria being killed in air containing 1% of the gas. As the taste and smell of sulphurous acid and of sulphites are very pronounced it follows that but small quantities can be added to food or drink. About 1 part in 4000 or 5000 of beer is the usual amount. While, in larger quantities, the sulphites have decided physiological activity and are apt to produce nephritis, there is not any evidence that they have ever caused injurious effects in alcoholic liquors. The excise authorities have tacitly sanctioned their employment in breweries, although the Customs and Inland Revenue Act 1885 declares that a brewer of beer shall not add any matter or thing thereto except finings or other matter or thing sanctioned by the commissioners of Inland Revenue, and although sulphites are used in all breweries, the Board of Inland Revenue do neither sanction nor interfere. An antiseptic with a pronounced taste is obviously a safer one in the hands of a nonmedical person than one virtually devoid of taste, like boric, salicylic or benzoic acids or their salts.

Other preservatives.

Sodium fluoride, a salt possessing powerfully antiseptic properties, but also at the same time clearly injurious to health and interfering with salivary and peptic digestion, has been found in butter, imported mainly from Brittany, in quantities quite inadmissible in food under any circumstances. A few other chemical preservatives are occasionally used. Hydrogen peroxide has been found effective in milk sterilization, and if the substance is pure, no serious objection can be raised against it. Saccharine, and other artificial sweetening agents, having antiseptic properties, are taking the place of sugar in beverages like ginger-beer and lemonade, but the substitution of a trace of a substance that provides sweetness without at the same time giving the substance and food value of sugar is strongly to be deprecated. The employment of chemical preservative matters in articles intended for human consumption threatens to become a grave danger to health or well-being. Each dealer in food contributes but a little; each one claims that his particular article of food cannot be brought into commerce without preservative, and each condemns the use of these substances by others. There is doubtless something to be said for the practice, but infinitely more against it. It cheapens food by allowing its collection in districts far away, but the chief gainer is not the public as a whole but the manufacturer and the wholesale merchant. Our body has by inheritance acquired habits and needs that are quite foreign to chemical interference. Some day, artificially prepared foods, containing liberal quantities of matters that are not now food ingredients, may conceivably compare with natural food products, but that day is not yet, and meantime it ought to be clearly the duty of the state to see that the evil is checked. The intention which has introduced this form of adulteration may be more or less beneficent, but in practice it is almost wholly evil.

Colouring matter in food.

A similar criticism applies to the continually extending use of colouring matter in food. Civilized man requires his food not only to be healthy and tasty. but also attractive in appearance. It is the art of the cook to prepare dishes that please the eye. This is a difficult art, for the various colouring matters which are naturally present in meat and fish, in fruit, legumes and green vegetables are of a delicate and changeable nature and easily affected or destroyed by cooking. Many years ago some artful, if stupid, cook found that green vegetables like peas or spinach, when cooked in a copper pan, by preference a dirty one, showed a far more brilliant colour than the same vegetables cooked in earthenware or iron. The manufacturer who puts up substances like peas in pots or tins for sale produces the same effect which the cook in her ignorance innocently obtained, by the wilful addition of a substance known to be injurious to health, namely, sulphate of copper. The copper combines with the chlorophyll, forming copper phyllocyanate, which, by reason of its insolubility in the gastric juice, is comparatively innocuous. Preserved peas and beans have been for so many years ``coppered'' in this manner that it is difficult to induce the public to accept the vegetables when possessed of their natural colour only. Several countries endeavoured to abolish the objectionable practice, but the public pressure has been too great, and to-day the practice is almost universal. In England the amount of copper corresponds to from one to two grains per pound of the vegetable calculated as crystallized copper sulphate. The opinion of the departmental committee was clearly expressed that the practice should be prohibited. No effect has been given to the recommendation.

Milk is naturally almost white with a tint of cream colour. When adulterated with water this tint changes to a bluish one. To hide this tell-tale of a fraud, a yellow colouring matter used to be added by London milkmen. Very gradually this practice, which had its origin in fraud, has extended to all milk sold in London. The consumer, mis-educated into believing milk to be yellow, now requires it to be so. Large dairy companies have endeavoured to wean the public of its error, without success. From milk the practice extended to butter; natural butter is sometimes yellowish, mostly a faint fawn, and sometimes almost white. In agricultural districts this is well known and taken as a matter of course. In big towns, where the connexion of butter and the cow is not well known, the consumer requires butter to be of that colour which he imagines to be butter-colour. Anatto, turmeric, carrot-juice used formerly to be employed for colouring milk, butter and cheese, but of late certain aniline dyes, mostly quite as harmless physiologically as the vegetable dyes just mentioned, are largely being used. The same aniline dyes are also employed in the manufacture of an imitation Demerara sugar from white beet sugar crystals. Aniline dyes are very frequently used by jam-makers; the natural colour of the fruit is apt to suffer in the boiling-pan, and unripe, discoloured or unsound fruit can be made brilliant and enticing by dye. The brilliant colours of cheap sugar confectionery are almost invariably produced by artificial tar-colours. Most members of this class of colouring matters are quite harmless, especially in the small quantities that are required for colouring, but there are a few exceptions, picric acid, dinitrocresol, Martius-yellow, Bismarck brown and one of the tropaeolins being distinctly poisonous. On the whole, the employment of powerful aniline dyes is an advance as compared with the use of the vicious and often highly poisonous mineral colours which Hassall met with so frequently in the middle of the 19th century. Mineral colours, with very few exceptions, are no longer used in food. Oxide of iron or ochre is still very often found in potted meats, fish sauces and chocolates; dioxide of manganese is admixed with cheap chocolates. All lump sugar of commerce is dyed. Naturally it has a yellow tint. Ultramarine is added to it and counteracts the yellowness. In the same way our linen is naturally yellow and only made to look white by the use of the blue-bag. The same idea underlies both practices, and indeed the use of all colouring matters in manufactured articles, namely, to make them look better than they would otherwise. Within bounds, this is a reasonable and laudable desire, but it also covers many sins--poor materials, bad workmanship, faulty manufacturing and often fraud. Like sugar, flour and rice are sometimes blued to make them look white. All vinegar, most beers, all stout, are artificially coloured with burnt sugar or caramel. The line dividing the legitimate and laudable from the fraudulent and punishable is so thin and difficult to draw that neither the law nor its officers have ventured to draw it, and yet it is a matter which urgently requires regulation at the hands of the state. Practices which, when new, admit of regulation are almost ineradicable when they have become old and possessed of ``vested rights.'' Recognizing this, the departmental committee, like the royal commission on arsenical poisons, recommended that ``means be provided, either by the establishment of a separate court of reference, or by the imposition of more direct obligation on the Local Government Board, to exercise supervision over the use of preservatives and colouring matters in foods and to prepare schedules of such as may be considered inimical to the public health.''

In close connexion with this subject is the occasional occurrence of injurious metallic impurities in food-materials. Tin chloride is used in the West Indies to produce the yellow colour of Demerara sugar. The old processes of sugar-boiling left some of the brown syrup attached to the crystals, giving them both their colour and their delicious aroma; with the introduction of modern processes affording a much greater yield of highly refined sugar, white sugar only was the result. The consumer, accustomed to yellow sugar had the colour artificially supplied by the action of the tin compound upon the sugar. At the present time all Demerara sugar, with the exception of that portion that is dyed with aniline dye, has had its colour artificially given it and consequently contains strong traces of tin. Soda-water, lemonade and other artificial aerated liquors are liable to tin or lead contamination, the former proceeding from the tin pipes and vessels, the latter from citric and tartaric acids and cream of tartar used as ingredients, these being crystallized by their manufacturers in leaden pans. Almost all ``canned'' goods contain more or less tin as a contamination from the tin-plate. While animal foods do not attack the tin to any great extent, their acidity being small, almost all vegetable materials, especially fruits and tomatoes, powerfully corrode the tin covering of the plate, dissolving it and becoming impregnated with tin compounds. It is quite easy to obtain tin-reactions in abundance from every grain of tinned peaches, apples or tomatoes. These tin compounds are by no means innocuous; yet poisoning from tinned vegetable foods is of rare occurrence. On the whole, tin-plate is a very unsuitable material for the storage and preservation of acid goods. Certain enamels, used for glazing earthenware or for coating metal cooking pots, contain lead, which they yield to the food prepared in them. Food materials that have been in contact with galvanized vessels sometimes are contaminated with zinc. Zinc is also not infrequently present in wines.

Results of English Food Acts.

The effect of the application of the food laws has been entirely beneficial. Not only has the percentage proportion of samples found adulterated largely declined, but the gross forms of adulteration which prevailed in the middle of the 19th century have almost vanished. Plenty of fraud still prevails, but poisoning by reckless admixture is of exceedingly rare occurrence. Whilst formerly milk was not infrequently adulterated with an equal bulk of water, few fraudulent milkmen now venture to exceed an addition of 10 or 15%. A bird's-eye view over the effect is obtained from the following figures for England and Wales:--

Number of Samples Year Examined Adulterated Percentage of Adulteration 1877 14706 2826 19.2 1879 17049 2535 14.8 1884 22951 3311 14.4 1889 26956 3096 11.5 1894 39516 4060 10.3 1899 53056 4970 9.4 1904 84678 7173 8.5

The details of the working of the Food Acts in 1904 in England and Wales are set out in the table on the next page.

United States.---Each separate state has food laws of its own. From the Ist of January 1907 the ``American National Pure Food Law,'' applicable to the United States generally, came into force, without superseding the State food laws, the only effect of the National Law being the legalization of shipments of any food which complies with the provisions of the National Law into any state from another state, even though the food is adulterated within the meaning of the state law. The law applies to every person in the United States who receives food from another state and offers it for sale in the original unbroken packages in which he receives it, and if it is adulterated or misbranded within the meaning of the National Law he can be punished for having received it and offering it for sale in the original unbroken package to the same extent as the person who shipped it to him can be punished. The mere fact that he is a citizen of a state soiling food within that state will not excuse him; and he will be subject to prosecution to the same extent as he would be if he uttered counterfeit money. Retailers, however, can protect themselves from prosecution when they sell goods in original unbroken packages by procuring a written guarantee, signed by the person from whom they received the goods, such guarantee stating that the goods are not adulterated within the meaning of the National Law. The guarantee must also contain the name and address of the wholesale vendor, but unless the parties signing the guarantee are residents of the United States the guarantee is void. The law affects all foods shipped from one state or district into another and also all foods intended for export to a foreign country. It also affects all food products manufactured or offered for sale in any

Table showing working of British Food Acts, 1904.

Samples Found Percentage Examined Adulterated Adulterated Milk . . . . . 36,413 4,031 11.1 Butter . . . . 15,124 867 5.7 Cheese . . . . 2,176 20 0.9 Margarine . . . 1,169 83 7.1 Lard . . . . . 2,489 4 0.2 Bread . . . . 473 1 0.2 Flour . . . . 476 3 0.6 Tea . . . . . 486 . . . Coffee . . . . 2,550 161 6.3 Cocoa . . . . 477 42 8.8 Sugar . . . . 901 49 5.4 Mustard . . . . 812 39 4.8 Confectionery and Jam 1,303 72 5.5 Pepper . . . . 2,393 43 1.8 Wine . . . . . 308 54 17.5 Beer . . . . . 1,065 75 7.0 Spirits . . . . 6,938 832 12.0 Drugs:-- Camphorated Oil . 395 24 6.1 Sweet Spirit of Nitre 243 66 27.2 Sulphur . . . 131 7 5.3 Cream of Tartar 441 88 20.0 Glycerine . . . 192 21 10.9 Rhubarb preparations 96 5 5.2 Seidlitz Powders . 81 3 3.7 Linseed . . . 70 1 1.4 Magnesia . . . 48 9 18.8 Cod Liver Oil . . 245 7 2.9 Iron Pills . . . 16 .. .. Compound Liquorice Powder . . . 111 2 1.8 Tincture of Iodine . 23 4 17.4 Other Drugs . 1,124 124 11.0 Total Drugs . . . 3,214 365 11.3 Other Articles:-- Ginger . . . . 704 .. .. Syrup and Treacle . 183 8 4.4 Baking Powder . . 281 11 3.9 Vinegar . . . 773 57 7.4 Arrowroot . . . 467 3 0.6 Oatmeal . . . 359 .. .. Sago . . . . 227 14 6.2 Olive Oil . . . 306 9 2.9 Dripping and Fat . 85 1 1.2 Sundries . . 2,496 329 13.2 Total other Articles 5,881 432 7.3

All Articles . . . 84,678 7,173 8.5

territory or the District of Columbia, wherever such foods may have been produced. The law does not affect foods manufactured and sold wholly within one state, nor such as have been shipped from another state but not in the original package. While thus the National Food Law is mainly intended to regulate the food traffic between the different states, and leaves to the states freedom to regulate their internal traffic, it must gradually tend to unify the present complicated state food legislation, and it is therefore here more usefully considered than would be the separate state laws.

The definition of adulteration as set forth in sec. 7 is as follows:---``For the purpose of this act an article shall be deemed to be adulterated: In the case of drugs: (1) If, when a drug is sold under or by a name recognized in the United States Pharmacopoeia or National Formulary, it differs from the standard of strength, quality or purity, as determined by the test laid down in the United States Pharmacopoeia or National Formulary official at the time of investigation; provided that no drug defined in the United States Pharmacopoeia or National Formulary shall be deemed to be adulterated under this provision if the standard of strength, quality or purity be plainly stated upon the bottle, box or other container thereof although the standard may differ from that determined by the test laid down in the United States Pharmacopoeia or National Formulary. (2) If its strength or purity fall below the professed standard or quality under which it is sold. In the case of confectionery: If it contains terra alba, barytes, talc, chrome yellow or other mineral substance or poisonous colour or flavour, or other ingredient deleterious or detrimental to health, or any vinous, malt or spirituous liquor or compound or narcotic drug. In the case of food: (1) If any substance has been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength. (2) If any substance has been substituted wholly or in part for the article. (3) If any valuable constituent of the article has been wholly or in part abstracted. (4) If it be mixed, coloured, powdered, coated or stained in a manner whereby damage or inferiority is concealed. (5) If it contain any added poisonous or other added deleterious ingredient which may render such article injurious to health: provided that when in the preparation of food products for shipment they are preserved by any external application applied in such manner that the preservation is necessarily removed mechanically, or by maceration in water, or otherwise, and directions for removal of said preservations shall be printed on the covering of the package, the provisions of the act shall be construed as applying only when said products are ready for consumption. (6) If it consists in whole or in part of a filthy, decomposed or putrid animal or vegetable substance, or any portion of an animal unfit for food, whether manufactured or not, or if it is the product of a diseased animal or one that has died otherwise than by slaughter. . . .''

Whatever vagueness attaches to these definitions is intended to be removed by secs. 3 and 4, which provide that the secretaries of the Treasury, of Agriculture, and of Commerce and Labour ``shall make uniform rules and regulations for carrying out the provisions of the act, including the collection and examination of specimens of food and drugs,'' which examination ``shall be made in the bureau of chemistry of the department of agriculture, or under the direction and supervision of such bureau, for the purpose of determining from such examinations whether such articles are adulterated or misbranded within the meaning of the act.'' Contravention of the act is punishable for the first offence by a fine not exceeding 500 dollars or 1 year's imprisonment or both, and for each subsequent offence by a fine not less than 1000 dollars or 1 year's imprisonment or both. Under an act of congress, approved March 1903, the bureau of agriculture established standards of purity for food products, ``to determine what are regarded as adulterations therein for the guidance of the officials of the various states and of the courts of justice.'' The elaborate set of food definitions and standards worked out under the guidance of the chief of the bureau, Dr H. W. Wiley, have also received legal sanction and form a corollary to the National Food Law. For each of the more important articles of food an official definition of its nature and composition has thus been established, of the utmost value to food officers, manufacturers and merchants not only in the United States but throughout the world. A few of these definitions may here find a place:-``Lard is the rendered fresh fat from slaughtered healthy hogs. Leaf-lard is the lard rendered at moderately high temperatures from the internal fat of the abdomen of the hog, excluding that adherent to the intestines. Standard lard and standard leaflard are lard and leaf-lard respectively, free from rancidity, containing not more than 1% of substances other than fatty acids, not fat, necessarily incorporated therewith in the process of rendering, and standard leaf-lard has an iodine number not greater than 60. Milk is the lacteal secretion obtained by the complete milking of one or more healthy cows, properly fed and kept, excluding that obtained within 10 days before and 5 days after calving. Standard milk is milk containing not less than 12% of total solids and not less than 8 1/2% of solids not fat, nor less than 3 1/4% of milk-fat. Standard skim-milk is skim-milk containing not less than 9 1/4% of milk-solids. Standard condensed milk and standard sweetened condensed milk are condensed milk and sweetened condensed milk respectively, containing no less than 28% of milk-solids, of which not less than one-fourth is milk-fat. Standard milk-fat or butter-fat has a Reichert-Meissl number not less than 24 and a specific gravity at 40 C. not less than 0.905. Standard butter is butter containing not less than 82.5% of butter-fat. Standard whole-milk cheese is cheese containing in the water-free substance not less than 50% of butter-fat. Standard sugar contains at least 99.5% of sucrose. Standard chocolate is chocolate containing not more than 3% of ash insoluble in water, 3.5% of crude fibre, and 9% of starch, nor less than 45% of cocoa-fat.'' Numerous other standards with details too technical for reproduction here have also been fixed.

German Empire.--The law of the 14th of May 1879, largely based upon the English Food and Drugs Act 1875, regulates the trade in food. Each town or district appoints a public analyst, and there is a state laboratory in Berlin directly under the control of the ministry of the interior with advisory functions. The ministry, under the advice of this department, issues from time to time regulations concerning the sale of or details specifying the mode of analysis of various products of food or drink. Both in the United States and in Germany, therefore, the executive officers (public analysts) have some authoritative official department for guidance and information.

PARTICULAR ARTICLES ADULTERATED

We now proceed to consider adulteration as practised during recent years in the more important articles of food.

Milk.---Milk adulteration means in modern times either addition of water, abstraction of cream, or both, or addition of chemical preservative. The old stories of the use of chalk or of sheep's brains are fables. Owing to the wide variation to which milk is naturally subjected in composition, it is exceedingly difficult to establish beyond doubt whether any given sample is in the state in which it came from the cow or has been impoverished. The composition of cow's milk varies with many conditions. (1) The race of the animal: the large cows of the plains yielding a great quantity of poor milk, the smaller cows from hilly districts less amount of rich milk. Hence, milk from Dutch cows compares very unfavourably with that of Jerseys or short-horns. Watery and acid foods like mangolds and brewers' grains produce a more aqueous milk than do albuminous and fatty foods like oil-cakes. (2) Sudden change of food, of weather and of temperature. (3) Nervous disturbances to which even a cow is subject, as, for instance, at shows, may greatly influence the composition of the milk. The portion obtained at the beginning of a milking is poorer in fat than that yielded towards the end. Morning milk is as a rule poorer in fat than evening milk. Soon after calving the animal gives a richer product than at later periods, both the quantity and the composition declining towards the end of the lactation. The variations due to these different circumstances may be very great, as is seen from the following analyses, fairly representing the maximum, minimum and mean composition of the milk of single cows:--

Minimum Maximum Mean Specific Gravity 1.0264 1.0370 1.0316 Fat 1.67% 6.47% 3.59% Casein 1.79% 6.29% 3.02% Albumen 0.25% 1.44% 0.50% Milk Sugar (lactose) 2.11% 6.12% 4.78% Salts 0.35% 1.21% 0.71% Water 80.32% 90.69% 87.40%

In market milk such wide variations are not so liable to occur, as the milk from one animal tends to average that from another, but even in the milk from herds of cows the variations may be considerable. The average composition of genuine milk supplied by one of the largest dairy companies in London, as established by the analysis of 120,000 separate samples recorded by Dr P. Vieth, is fat 4.1%, other milk solids (``solids not fat'' or ``nonfatty solids'') 8.8%, total dissolved matters (total solids) 12.9%, the variations being from 3.6 to 4.6% in the fat and 8.6 to 9.1% in the solids not fat. It is clear that the 4.6% of fat could be reduced, by skimming, to 3.0%, and the 9.1% of solids not fat to 8.5% by addition of water, without bringing the composition of the milk thus adulterated outside that of genuine milk. In reality even wider limits of variation must be reckoned with, because small farmers self the milk of single cows, and this, as shown above, may fluctuate enormously. The Board of Agriculture, in pursuance of the powers conferred upon it by the Food Act 1899, issued in 1901 ``The Sale of Milk Regulations,'' which provide that where a sample of milk (not being milk sold as skimmed or separated or condensed milk) contains less than 3% of milk-fat, or less than 8.5% of non-fatty solids, it shall be presumed, until the contrary is proved, that the milk is not genuine. But even in these cases it is open to the vendor to show, if he can, that the deficiency was due to natural causes or to unavoidable circumstances. The courts have held that when deviations are the result of negligence or ignorance the vendor is nevertheless liable to punishment. Thus, when a vendor omits to stir up the contents of a pan so as to prevent the cream from rising to the top, he may be punished, if by such omission the milk becomes altered in composition so as no longer to comply with the regulations; or, when a farmer allows an undue interval between the milkings whereby the composition of the milk may be affected, he may be liable for the consequences. As the limits embodied in the milk regulations were necessarily fixed at figures lower than those which are usually afforded by genuine milk, and as it is a comparatively simple matter to ascertain the percentage of fatty and non-fatty solids, a strong tendency exists to bring down commercial milk to the low limits of the regulations without coming into collision with the law. The fat of milk is its most valuable and most important constituent. The exact determination of the percentage of fat is therefore the chief problem of the milk-analyst. All analyses made prior to the year 1885 are more or less inexact, because a complete separation of the fat from the other milk constituents had not been obtained. In that year M. A. Adams, by the simple and ingenious expedient of spreading a known volume of the milk to be analysed upon a strip of blotting-paper and extracting the paper, together with the dried milk, by a fat solvent, such as ether or benzene, succeeded in completely removing the fat from the other constituents. Since that time simpler and more rapid means have been based upon centrifugal separation of the fat. When a measured quantity of milk is mixed with strong sulphuric acid, which dissolves the casein and other nitrogenous constituents of the milk, but leaves the fat-globules quite untouched, the latter can easily be separated in a centrifugal, in the form of an oil the volume of which can be ascertained in a suitably constructed and graduated glass vessel, and thus the percentage ascertained very rapidly and accurately; such centrifugal contrivances constructed by H. Leffman, N. Gerber and others are now in general use in dairies, and cheese and butter factories. The amount of ``total solids'' contained in milk, that is to say, of all constituents other than water, is speedily ascertained by evaporating the water from a measured or weighed portion of milk and drying the residue obtained in a water-oven to constant weight. By subtracting from the percentage of total solids that of the fat the amount of ``solids not fat'' results, and by cautiously burning off the organic substances, the salts or mineral matters are left. When the percentage of ``solids not fat'' is less than 8.5 a simple proportion sum suffices to show what percentage of water must be present to reduce the ``solids not fat'' to the amount found. As the added water also reduces proportionately the percentage of mineral matter natural to normal milk (about 0.71 to 0.73%), the determination of the ash affords valuable assistance to the analyst. When the amount of ash is higher than normal, tests must be made for borax, soda or other mineral matters that are often added as preservatives or acid neutralizers. Borax is easily tested for by dissolving the milk ash in a drop or two of dilute hydrochloric acid, moistening a strip of yellow turmeric paper with the solution and drying it, when, in the presence of even very minute quantities of borax, the yellow colouring matter of the turmeric paper will be changed into a brilliant red-brown. Formaldehyde (which in 40% water solution forms the formalin of commerce) in milk affords a bright purple colour when the milk containing it is mixed with sulphuric acid containing a trace of an iron salt.

Condensed milk is milk that has been evaporated under reduced pressure with or without the addition of sugar. Generally one part of condensed milk corresponds to three parts of the original milk. There is no case on record of adulteration of unsweetened condensed milk, but sweetened milk has in the past been frequently prepared either from machine-skimmed or partly skimmed milk and sold as whole-milk. As sweetened condensed milk is largely used by the poorer part of the population for the feeding of infants, and as the fat of milk is, as stated before, its most valuable constituent, this class of fraud was a particularly mischievous one, and led to the inclusion in the Food Act of 1899 of a special proviso that every tin or other receptacle containing condensed, separated or skimmed milk must bear a conspicuous label showing the nature of the contents. As the bulk of condensed milk consumed in England is imported from abroad, the customs authorities now exercise a strict supervision over the imports, and object to the importation of such condensed milk as contains less than 9% of milk-fat. The average composition of sweetened condensed milk may be taken, with slight variations, to be: water 24.6%, fat 11.4%, casein and albumen 10%, milk-sugar 11.7%, cane-sugar 40.3%, mineral matters 2.0%.

Cream.--There are not any regulations nor official standards relating to this article, the value of which depends upon its contents in fat. Good stiff cream obtained by centrifugal skimming may contain as much as 60% of milk-fat, but generally dairymen's cream has only about 40%. On the other hand, milk that is abnormally rich in fat is in some places sold as cream. Attempts to compel dairymen to work up to any stated minimum of fat have failed, the English courts holding that cream is not an article that has any standard of quality, but varies with the character of the cows from which the milk is obtained and the food on which they are fed. Therefore, as regards the most important portion of cream, the amount of fat, adulteration does not exist unless there is a substitution for the milk-fat by an emulsified foreign fat, but cases of this description are exceedingly rare. On the other hand, such additions of foreign materials, like starch paste or gelatine, which have for object the giving of an appearance of richness to a naturally poor and dilute article, are not uncommon. While formerly the sale of cream was entirely in the hands of milkmen, there has been of late a tendency to regard cream as an article coming within the range of grocery goods. To enable this perishable article to be kept in a grocery store it has to receive an addition of preservative, as a rule boric preservative, in excessive amount. The purchaser may take it that all cream sold by others than milkmen, and much of that even, is thus preserved and should be shunned. The limit of boric preservative that might be permitted, but which is nearly always exceeded, is one-quarter of 1%.

Butter.---Of all articles of food butter has most fully received the attention of the sophisticator, because it is the most costly of the ordinary articles of diet, and because its composition is so intricate and variable that its analysis presents extraordinary difficulties and its nature exceptional and various opportunities for admixture with foreign substances. It is the intention of the producer of butter to separate the fatty portion of the milk as completely as is practicable from the other constituents of the milk without destroying the fat-globules. This can only be done by churning. by which operation the milk-globules are caused more or less to adhere to each other without losing their individual existence. Owing to this subdivision of the fat, and perhaps to the composition of the fat itself, butter is a more digestible fatty article of food than lard or oil. It is not possible by mechanical means to remove the whole of the water and curd of the milk from the butter; indeed ``overworking'' the butter with the object of removing the water as completely as possible ruins the structure to such an extent as to make the product unmerchantable. In well-made butter there are contained about 85% of pure milk-fat, from 12 to 13% of water, and 2 or 3% of curd and albumen, milk-sugar or its product of transformation--lactic acid,--and phosphates and other milk-salts. In some kinds of butter, Russian for instance, the percentage of water is rather less. Generally, by churning at a low temperature, a drier, at higher temperatures a wetter, butter is obtained. The curd must be got rid of as completely as practicable if the product is to have reasonable keeping properties. To prevent rapid decomposition salt in various quantities is added. Considering that 100 lb. (10 gallons) of milk yield only from 3 1/2 to 4 lb. of properly made butter, it is obvious that a great inducement exists to increase the yield either by leaving an undue proportion of water or curd, or by adding an excessive quantity of salt. In some parts of Ireland the butter is worked up with warm brine into so-called pickle butter, whereby it becomes both watered and salted in one operation. Until lately, when the English Board of Agriculture fixed a limit of 16 for the percentage of water that may legitimately be present in butter, this kind of debasement could not easily be dealt with, but even now, where a legal water-limit exists, the addition of water either as such, or in the shape of milk or of condensed milk, is very commonly practised, more or less care being taken not to exceed the legalized limit. It is obvious that there is an ample margin of profit for the mixer who starts with Russian butter containing 10% of water and works it up with milk, fresh or condensed, to 16%, all the other milk-constituents, namely, sugar, curd and salt, thus introduced counting as ``butter'' in the eyes of the law. A very considerable number of butter-factors in London and in other parts of England thus dilute dry butter and consider this a legitimate operation so long as they keep within the legal water-limit. Nay, they may even exceed this, if only they give to their adulterated article a euphonious name, which, while legally notifying the admixture, raises in the mind of the ignorant purchaser the belief that he is purchasing something particularly choice and excellent. ``Milk-blended butter,'' with as much as 24 or more per cent of water and as little as 68% of fat, is still largely sold to purchasers who think that they are obtaining extra value for their money; several attempts to deal with the scandal by legislature having led to no result. The introduction of water into butter is also practised on a large scale in the United States, where a branch of trade in ``renovated'' butter has sprung up. In the States a considerable quantity of butter is produced by small farmers, and by the time the product comes into the market the addition of chemical preservatives to prevent decomposition not being permitted--the butter has so much deteriorated in quality that it fetches a very low price. It is bought up by factors, the fat melted out and washed, then again worked up with water and salt, care being generally taken to leave about 16% of water in the product, which finds a ready sale in England. It may here be pointed out that England imports an enormous quantity of butter from the continent of Europe, the colonies, Siberia and America, the imports, less exports, averaging during 1903-1906 no less than 203,300 tons annually, and the total consumption (home produce plus imports) 566,441 tons, the consumption per head of population being 19.2 lb. per annum. In butter, as in most other articles of food, adulteration with water is the most common, most profitable, and least risky form of fraud. Great fortunes are thus made out of water.

There is an altogether different class of butter adulteration which concerns itself with the substitution of other fatty matters for the whole or part of the really valuable portion of the butter- fat. Margarine is the legalized and therefore legitimate butter surrogate, prepared by churning any suitable fat with milk into a cream, solidifying the latter by injection into cold water and working the lumps together, precisely as is done in the case of the churned cream of milk. The substitution of margarine for butter is frequent, in spite of all legal enactments directed against this fraud, the semblance between butter and margarine being so great that a trained palate is necessary to distinguish the two articles. Much more frequent and much more difficult to deal with is the sale of mixtures of butter and of margarine. In order to show the difficulties inherent to this subject, it will be necessary to consider the chemical nature of butter-fat, and to compare it with other fats that may enter into the composition of margarine. Butter-fat is butter freed from water, curd and salt and extraneous matter. Like the greater number of natural fats it consists of a mixture of triglycerides, that is, combinations of glycerin with substances of the nature of acids. These acids, in the case of fats other than butter-fat, are mainly oleic, palmitic and stearic acids. Butter-fat, in addition to these, contains other acids which sharply distinguish it from the vast majority of other fats and, with the exception of cocoa-nut oil, from those substances which are or may be used to mix with butter, by the circumstance that a considerable proportion of its acids, when separated by chemical means from the glycerin, are readily soluble in water, or may be easily volatilized either alone or in a current of steam, whereas the acids separated from the foreign fats are practically both insoluble and non-volatile. This fundamental principle serves at once to distinguish, for example, between butter and margarine, and has been made use of by analysts not only for this purpose but also with a view to determine the relative amounts of butter and margarine in a mixture of these substances. Thus butter-fat contains about 88%, more or less, of ``insoluble fatty acids,'' while margarine contains about 95.5%; 5 grammes of butter-fat when chemically decomposed yield an amount of volatile fatty acids which requires about 26 cubic centimetres (more or less) of deci-normal alkali solution for neutralization, while margarine requires mostly less than 1 cubic centimetre (Wollny or Reichert-Meissl method). There are other differences between the two kinds of fat: the specific gravity of butter-fat is higher than that of most other fats; its power of refracting a ray of light is less; the ``iodine absorption'' of butter-fat is smaller than that of many other fatty matters, and so on. But the composition of perfectly genuine butter-fat varies within somewhat wide limits. The milk from a cow fed on good and ample food in warm weather yields a fat that is rich in characteristic butter-constituents, while a poorly fed animal, kept in the open till late in the autumn, when the nights are cold, gives milk exceptionally poor in fat, the differences expressed as ``insoluble fatty acids'' lying between 86 and 91%, and in volatile acids, expressed as ``Wollny'' numbers, between 18 and 36. Generally, therefore, summer butter is rich and autumn butter poor in volatile acids, or, geographically, Australian butter is more frequently high, Siberian often exceedingly low in these acids. The food of the animal also may, under certain conditions, yield a notable proportion of its fatty matter to the butter; cows that have, for instance, been fed upon large quantities of cotton-seed cake yield butter in which the cotton-seed oil may be traced, and the same holds good with other fatty foods. All these, and other circumstances, combine to render the detection of small quantities of foreign fats that have been fraudulently added to butter almost a matter of impossibility. This is perfectly well known to unscrupulous butter dealers, and an enormous amount of adulteration is known to be practised. Even small amounts of adulteration could, nevertheless, often be discovered while margarine manufacturers employed considerable proportions of vegetable oils in their products, some of these oils furnishing characteristic chemical reactions allowing of their discovery. Here some firms of margarine manufacturers came to the aid of the butter-mixer and produced margarine containing nothing but animal fat, so-called ``neutral'' margarine being freely offered for fraudulent purposes. There is one fat besides butter which contains ``volatile fatty acids,'' namely, cocoa-nut oil. Since means have been found to deprive this fat of its strong cocoa-nut odour and taste, it has largely been used in the adulteration of butter, and margarine containing Cocoa-nut oil and other fatty substances has freely been manufactured and sold specially for butter adulteration. The seat of this class of fraud is mainly in Holland. Analysts happily found means to detect this oil when present above 10%, and numerous prosecutions made mixers more careful. Abundant evidence, however, exists showing that the simultaneous addition of water or milk so as to keep the water limit below 16% and that of margarine entirely composed of animal fats below 10% leaves a large margin of profit with a very small chance of detection. For the moment at least analysis has had the worst of it in the battle between honesty and ``business methods.''

Margarine itself is a legitimate article of commerce (when sold with due notice to the purchaser), but is frequently adulterated. As regards the fats used in its manufacture there does not exist any legal restriction, and as long as the fat is in a state fit for human consumption the manufacturer can make whatever mixture he pleases. In general there is no reason to think that any bad or disgusting fats are finding their way into the factories, which in most countries are under proper supervision; the old stories about recovered grease from all sorts of offal are quite without foundation. But a considerable percentage of solid paraffin has been met with as an admixture of the fatty part of margarine. As the fatty portion of the article is the only one of value, some manufacturers make great efforts to produce margarine with as small a percentage of fatty matter as possible, either by incorporating excessive amounts of water or of milk--margarines with over 30% of water being met with--or by introducing sugar, glucose, starch, gelatinous matter, in fact anything that is cheaper than fat. The English law imposes a limitation upon the percentage of butter-fat that may be contained in margarine, but at present at least the tendency of manufacturers is all for having as little butter or other valuable fat in margarine as is practicable, and not to err on the other side. For the purpose of facilitating the discovery of margarine when it has been fraudulently added to butter, some countries (Germany, Belgium, Sweden) insist upon the use of from 5 to 10% of sesame oil (from the seed of Sesamum orientale or indicum, belonging to the family of Bignoniaceae) in the manufacture of such margarine as is to be consumed within the countries in question. This oil yields a characteristic red colour when it, or any mixture containing it, is shaken with an hydrochloric solution of either sugar or furfurol, and is intended to serve as an ``ear-marking'' substance. The addition of a little starch or arrowroot, easily discoverable chemically or by the microscope, is also required by Belgium, but in the absence of any international agreement these ear-marking additions are of little practical use. It is, however, interesting to point out that, while complying with the regulations of the governments, margarine manufacturers of the countries named have found an easy way of rendering the regulations quite nugatory: they add methyl-orange, a colouring matter which itself produces a red colour with acid and quite obscures the real colour obtained by the official test for sesame oil.

Cheese may be legitimately made from full-milk, milk that has been enriched by addition of cream, or from milk that has been more or less skimmed. It varies consequently very widely in composition, so-called cream cheese containing not less than 60% of fat; Stilton upwards of 40%; Cheddar about 30%; Dutch, Parmesan and some Swiss and Danish less than 20%. The amount of water varies with the kind and age of the cheese and may be as low as 20 and as high as 60%. Under these circumstances it is impracticable to lay down any hard-and-fast rules as to the composition of cheese. When, however, cheese is made from skimmed milk and the fat is replaced by margarine, as is the case in so-called ``filled'' or margarine cheeses, the sale of these amounts to an adulteration, unless the presence of the foreign substance is declared. It may at first sight appear strange that the person who robs milk of its most valuable portion, the cream, may prepare a legitimate article of food from the remainder, while he who to that remainder adds something to replace the fat does an illegitimate act, but it must be taken into consideration that the replacement is frequently made with fraudulent intent and that the ordinary purchaser cannot by taste or smell distinguish the adulterated from the genuine article, while there is no difficulty in recognizing skim-milk cheese.

Lard.--Between the years 1880 and 1890 a gigantic fraudulent trade in adulterated lard was carried on from the United States. A great proportion of the American lard imported into England was found to consist of a mixture of more or less real lard with cotton-seed oil and beef-stearine. Cotton-seed oil is one of the cheapest vegetable oils fit for human consumption, beef-stearine the hard residue obtained in the manufacture of oleo-margarine after the more fluid fat has been pressed from the beef fat. These mixtures were made so skilfully by large Chicago manufacturers that for some years they escaped detection. A bill introduced in 1888 into the American Senate to stop this imposture directed general attention to the subject, and energetic measures, taken both in America and in England, quickly put an end to it. From the memorial presented in the United States Senate in support of the bill, it appeared that in about 1887 the annual production of lard in the States was estimated at 600 million pounds, of which more than 35% was adulterated. Compounds were made containing only a small quantity of lard or none at all, yet were sold as ``choice refined lard'' or under other eulogistic names. Many lard substitutes, chiefly made from cotton-seed oil, are still met with, but are mostly sold in a legitimate manner. From the germ of maize--which must be separated from the starchy portion of the seed before the latter can be manufactured into glucose--the oil (maize-oil) is expressed, and this now is used as a lard adulterant, its detection being far more difficult than that of cotton-seed oil.

Oils.--For very many years all oils were considered to be composed of olein, that is to say, the triglyceride of oleic acid, with small quantities of impurities; chemists, therefore, to distinguish oils of various origin, confined themselves to tests for these impurities, employing so-called colour reactions based upon the change of colour of the oil by various reagents such as sulphuric, nitric or phosphoric acids. These reactions were exceedingly indefinite and unsatisfactory and oil adulteration was prevalent and almost undiscoverable. It has been found, however, that the old ideas concerning the believed uniformity in the nature and constitution of oils were erroneous. Some oils, indeed, do consist of olein, almond oil being a type, others contain a glyceride of an acid which is distinguished from oleic acid by containing one molecule less hydrogen, called linoleic acid. To this class belong cotton-seed and sesame oils. Others again include a glyceride of an acid containing still less hydrogen, linolenic acid (linseed and similar drying oils), and lastly the liver oils are still poorer in hydrogen. These various acids or the oils contained in them combine with various percentages of iodine, oleic acid absorbing the smallest proportion (about 80%); For each oil the iodine absorption is a fairly constant quantity; this number, together with the determination of the amount of caustic alkali needed for complete saponification, the thermal rise with strong sulphuric acid or with bromine, the refraction of light and the specific gravity, now enable the analyst to form a fair idea of the nature of any sample under examination, and, in consequence of this advance in knowledge, adulteration of oils has much declined. The most common adulterant of the more valuable oils, like olive oil, is cotton-seed oil. The oils expressed from the sesame seed or the earth-nut (arachis oil) are also frequently admixed with olive oil. Almond oil is adulterated with the closely allied oils from the peach-kernel or the pine-seed. Deodorized paraffin hydrocarbons also enter sometimes as adulterants into edible oils. There is, however, a marked improvement in the purity of oils generally. Flour and bread as sold in England are almost invariably genuine. The old forms of adulteration, such as the use of alum for the production of a white but indigestible loaf from bad flour, have disappeared. The only admixture which has been met with during recent years is maize-meal in American produce. This is of inferior food value to wheat-meal.

Sugar in its various forms can hardly be said to be subject to adulteration by the addition of inferior substitutes. One single case of such substitution analogous to the proverbial but probably mythical sanding of sugar occurred between 1880 and 1905 in England, some crushed marble having been found in a consignment of German sugar in a large British establishment. There have, however, been numerous prosecutions for a fraud of another class, namely, the substitution of dyed beetroot sugar for Demerara sugar. Formerly the sugar produced by the old imperfect and wasteful methods of manufacture was more or less yellow or brown from adhering molasses. Sugar, as now obtained, be it from cane or beet, is white; yet the public is so wedded to its customs that white sugar except as lump or castor sugar does not,find a ready sale. The manufacturer is obliged to colour his product yellow by artificial means, that is to say, either by the addition of a little aniline dye, harmless in itself, or, as in the West Indies, mostly by the use of a small quantity of chloride of tin, so-called ``bloomer.'' European refined beet-sugar coloured with aniline dye to distinguish it from Demerara cane sugar is sold under the name of ``yellow crystals.'' These, although richer in real sugar than Demerara, are without the delicious aroma of cane syrup which belongs to the latter, and are not infrequently fraudulently substituted for Demerara.

Marmalade and Jams.---In the preparation of marmalade and jams, which articles were for a long time mado from fruit and sugar only, a part of the sugar, from 10 to 15%, is often now replaced by starch glucose. This material, consisting mainly of a mixture of dextrose and dextrin, is of much less sweetening power than ordinary sugar and mostly cheaper. It is said to prevent the crystallization which frequently used to occur in some jams. The use of glucose has been declared by the High Court (Smith v. Wisden, 1901) to be legitimate, the court holding that as there was no recognized standard for the composition of marmalade the addition of saccharine material not injurious to health could not constitute an offence. Artificial colouring matters and chemical preservatives are almost constant ingredients of jams. To such fruits which, when boiled with sugar, do not readily yield a jelly (strawberries, raspberries) an addition of apple juice is frequently made in the manufacture of jam, without much objection; the pulp of the apple, however, is sometimes bodily added as an adulterant.

Tea.---In consequence of the proviso contained in the Food Act of 1875 that tea was to be examined by the Customs on importation, such tea as was found to be admixed with other substance or exhausted tea being refused entry into England, the adulteration of tea has been virtually suppressed. Great numbers of samples are annually examined by the Customs, and a not inconsiderable proportion of these are condemned because they are either damaged or dirty, their use for the manufacture of theine being permitted, only sound and genuine tea coming to the British public. The practice, very common a generation ago, of artificially colouring tea green with, a mixture of Prussian blue and turmeric, has quite vanished with the decline of the consumption of green tea.

Coffee.---A few cases of artificially manufactured coffee berries, made from flour and chicory, have been observed, but it would not be fair to speak of a practice of adulteration regarding coffee berries. Not infrequently coffee is roasted with the addition of some fatty matter or paraffin or sugar, to give to the roasted coffee a glossy appearance. These additions as a rule are small in amount. Ground coffee is often sold adulterated with chicory, sugar or caramel. Other adulterations, reference to which is found in literature relating to the second half of the 19th century, do not seem now to occur.

Cocoa and chocolate are liable to a number of fraudulent or questionable additions. In the cheaper qualities of cocoa-powder sugar and starch--the latter in the form of sago flour or arrowroot--are admixed in very large proportions, and, in order to give to such mixtures something like the appearance of genuine cocoa, red oxide of iron is added. This almost invariably is more or less arsenical. Cocoa-shell, a perfectly valueless material, is mixed in a very finely ground state with cocoa of the commoner kind. Owing to the enormous increase in the consumption of so-called chocolate-creams, which are masses of sugar confectionery coated with a cocoa-paste containing a large proportion of the fat of cocoa (cocoa-butter), the quantity of cocoa-butter that is obtained in the manufacture of cocoa-powders is no longer sufficient to cover the demand. Substitutes of cocoa-butter prepared from cocoa-nut oil are manufactured on a large scale, and all enter without acknowledgment into chocolates or chocolate creams. As there are not any regulations touching the composition of chocolate, sugar or starch or both are used in chocolate manufacture, and especially in that of chocolate powders in often excessive quantities. In the Dutch mode of manufacture of cocoa-powders an addition of from 3% to 4% of an alkaline salt is made for the purpose of rendering the cocoa ``soluble,'' or, more strictly, for putting it into such a physical condition that it does not settle in the cup. This addition does not, as is often alleged, render the cocoa alkaline, and is not made with any fraudulent object; several countries, however, have passed regulations fixing the maximum of the addition which may thus legitimately be made. Most of the cocoa powders sold in England are prepared in accordance with the Dutch method.

Wine.--If under this term a beverage is understood which consists of nothing but fermented grape juice, a great proportion of the wine consumed in England is not genuine wine. All port and sherry comes into commerce after having received an addition of spirit, generally made from potatoes; port and sherry would not be what they are and as they have been for generations unless they were thus fortified. The practice can now hardly be classed among adulterations. A well-fermented wine made from the juice of properly matured grapes does not require any added alcohol in order that it should keep; imperfectly made wine is liable to turn sour; the addition of alcohol prevents this. French wines, both red and white, are hardly subject to adulteration. In wine-growing countries like France wine is so cheap and plentiful that it would be difficult to manufacture an imitation beverage cheaper than genuine wine. In Germany the conditions are different, the districts from which those wines that are exported are nominally derived being small and insufficient to cover the world's demands. The addition of sugar solution or of starch sugar is allowed within limits by German law, which not even requires that notification to the purchaser be made of the addition, and it is notorious that a very large proportion of the wine sold under the name of ``hock'' and some of that coming from the Moselle are thus diluted, sugared and lengthened, or, in plain terms, adulterated. Wines from the Palatinate which under their own names would not sell out of Germany are often passed off as hocks. As there is but little German red wine the law also permits this to be lengthened by the addition of white wine. For the removal of part of the acid from sour wine produced in bad vintages the addition of precipitated chalk is also permitted. Attention has been drawn in England to the very serious fact that German wines sometimes contain salts of zinc in small quantities. These are introduced by a fining agent protected by a German patent, consisting of solutions of sulphate of zinc and potassium ferrocyanide, which, when added together in ``suitable proportions,'' produce a precipitate of zinc-ferrocyanide which carries down all turbidity in the wine and is supposed to leave neither zinc nor ferrocyanide behind in solution. As a matter of fact, one or other of these highly objectionable substances is almost invariably left behind. The use of artificial colouring matters in wines does not appear now to occur.

Beer cannot be said to be adulterated, although it is well known that materials often very different from these which the general public believe to be the proper raw materials for the manufacture of beer, namely, water, malt and hops, are largely used. By the Customs and Inland Revenue Act 1885, sec. 4, beer is defined as any liquor ``which is made or sold as a description of beer, or as a substitute for beer, and which on analysis of a sample thereof shall be found to contain more than 2% of proof spirit.'' That is to say, beer is legally anything that is sold as beer provided that it has 2% of proof spirit. There is not any restriction upon the materials that are employed provided that they are not positively poisonous. For Inland Revenue purposes, however, a prohibition has been made against the admixture of anything to beer after it has been manufactured, and excise prosecutions of publicans for watering beer are not infrequent. Formerly there was a restriction on the amount of salt that might be present in beer; this no longer exists. On the other hand it cannot be said that any injurious materials are being used by brewers, the brewing industry being, broadly speaking, most efficiently supervised and controlled by scientifically trained men. The addition to beer of bisulphate of lime, which is almost universally practised in England, is not an adulteration in the ordinary acceptation of the term. The thin beer which has taken the place of the strong ales of the past generation contains an insufficiency of alcohol to ensure keeping qualities, and it is difficult to see how modern English beers could be sold without the addition of some sort of preservative.

Non-Alcoholic Drinks.---The same remark applies to a good many of so-called temperance beverages. Of these again it is hardly proper to speak as liable to adulteration. So-called sodawater is very often devoid of soda and is only carbonated water, but the term ``soda-water'' is a survival from the times when this was a medicinal beverage and when soda was prescribed to be present in definite amount by the pharmacopoeia. Potash and especially lithia waters very frequently contain only mere traces of the substances from which they derive their names. The sweetness of ginger-beer and often of lemonade is no longer due to sugar, as used to be the case, but to saccharine (the toluol derivative), which is possessed of sweetness but not of nourishment; and since, as an antiseptic, it may affect the digestion, its use in these beverages is to be deprecated.

Vinegar ought to be the product obtained by the successive alcoholic and acetous fermentation of a sugary liquor. When this is obtained from malt or from malt admixed with other grain the vinegar is called a malt vinegar. Often, however, acid liquors pass under that name which have been made by the action of a mineral acid upon any starchy material such as maize or tapioca, with or without the addition of neat sugar. Dilute acetic acid, obtained from wood, is very frequently used as an adulterant of vinegar. When properly purified such acid is unobjectionable physiologically, but it is improper to sell it as vinegar. Adulteration of vinegar by sulphuric or other acids, formerly a common practice, is now exceedingly rare.

Spirits.---By the Sale of Food and Drugs Act Amendment Act, whisky, brandy and rum must not be sold of a less alcoholic strength than 25 under proof (corresponding to 43% of alcohol by volume), and gin 35 under proof (37% alcohol). For many years the only form of adulteration recorded by public analysts related to the alcoholic strength, the undue dilution of spirits with water being, of course, a profitable form of fraud. No addition of any injurious matters to commercial spirits has been observed. It was, however, well known that a very considerable proportion of so-called brandies was not the product of the grape, but that spirits of other origin were frequently admixed with grape brandy. A report which appeared in 1902 in the Lancet on ``Brandy, its production at Cognac and the supply of genuine brandy to this country,'' served as a stimulus to public analysts to analyse commercial brandies, and convictions of retailers for selling so-called brandy followed. It was shown that genuine brandy made in the orthodox style from wine in pot-stills contained a considerable proportion of substances other than alcohol to which the flavour and character of brandy is due; among these flavouring materials combinations of a variety of organic acids with alcohols (chemically described as ``esters'') predominate. For the present a brandy is not considered genuine unless it contains in 100,000 parts (calculated free from water) at least 60 parts of ``esters.', As a consequence a trade has sprung up in artificially produced esters, sold for the purpose of adding them to any spirit to fraudulently convert it into a liquor passing as ``brandy.'' The inquiries into the nature of brandy led to investigations into whisky. Formerly whisky was made from grain only and obtained by pot-still distillation, that form of ``still'' yielding a product containing a comparatively large proportion of volatile matters other than alcohol. For many years past, however, improved stills--so-called patent stills--have been adopted, enabling manufacturers to obtain a purer and far stronger product, saving carriage and storage. Attempts were made in England in 1905-1907 to restrict the term ``whisky'' solely to the pot-still product. But the question was referred in 1908 to a Royal Commission which reported against such a restriction. A common form of adulteration of whisky is the addition to it of spirit made on the Continent mainly from potatoes. This spirit is almost pure alcohol and is quite devoid of the injurious properties which are popularly but falsely attributed to it. The substitution of this--a very cheap and quite flavourless material---for one which owes its value more to its flavour than to its alcoholic contents, is clearly fraudulent.

Drugs.---To the adulteration of drugs but very brief reference can here be made. It is satisfactory to record that but very few of the great number of drugs included in the pharmacopoeias are liable to serious adulteration, and there are very few cases on record during recent years where real fraudulent adulteration was involved. The numerous preparations used by druggists are mostly prepared in factories under competent and careful supervision, and the standards laid down in the British Pharmacopoeia are, broadly speaking, carefully adhered to. The occurrence of unlooked-for impurities, such as that of arsenic in sodium-phosphate or in various iron preparations, can hardly be included in the list of adulterations. In the making up of prescriptions, however, a good deal of laxity is displayed; thus, the Local Government Board report of the years 1904-1905 refers to an instance of a quinine mixture containing 23 grains of quinine-sulphate instead of 240 grains. A certain latitude in the making up of physicians' prescriptions must necessarily be allowed, but much too frequently the reasonable limit of a 10% error over or under the amount of drug prescribed is exceeded. Certain perishable drugs, such as sweet spirits of nitre, or others liable to contain from their mode of manufacture metallic impurities, form the subjects of frequent prosecutions. The element of intentional fraud which characterizes many forms of food adulteration is happily generally absent in the case of drugs. (O. H.*)

ADULTERY (from Lat. adultorium), the sexual intercourse of a married person with another than the offender's husband or wife. Among the Greeks, and in the earlier period of Roman law, it was not adultery unless a married woman was the offender. The foundation of the later Roman law with regard to adultery was the lex Julia de adulteriis coercendis passed by Augustus about 17 B.C. (See Dig. 48. 5; Paul. Rec. Sent. ii. 26; Brisson, dit Leg. Jul. de Adult.) In Great Britain it was reckoned a spiritual offence, that is, cognizable by the spiritual courts only. The common law took no further notice of it than to allow the party aggrieved an action of damages. In England, however, the action for ``criminal conversation,'' as it was called, was nominally abolished by the Matrimonial Causes Act 1857; but by the 33rd section of the same act, the husband may claim damages from one who has committed adultery with his wife in a petition for dissolution of the marriage, or for judicial separation. In Ireland the action for criminal conversation is still retained. In Scotland damages may be recovered against an adulterer in an ordinary action of damages in the civil court, and the latter may be found liable for the expenses of an action of divorce if joined with the guilty spouse as a co-defender. Adultery on the part of the wife is, by the law of England, a ground for divorce, but on the part of the husband must be either incestuous or bigamous, or coupled with cruelty or desertion for two or more years. In the United States adultery is everywhere ground of divorce, and there is commonly no prohibition against marrying the paramour or other re-marriage by the guilty party. Even if there be such a prohibition, it would be unavailing out of the state.in which the divorce was granted; marriage being a contract which, if valid where executed, is generally treated as valid everywhere. Adultery gives a cause of action for damages to the wronged husband. It is in some states a criminal offence on the part of each party to the act, for which imprisonment in the penitentiary or state prison for a term of years may be awarded.

In England, a complete divorce or dissolution of the marriage could, until the creation of the Court of Probate and Divorce, be obtained only by an act of parliament. This procedure is still pursued in the case of Irish divorces. In Scotland a complete divorce may be effected by proceedings in the Court of Session, as succeeding to the old ecclesiastical jurisdiction of the commissioners. A person divorced for adultery is, by the law of Scotland, prohibited from intermarrying with the paramour. In France, Germany, Austria and other countries in Europe, as well as in some of the states of the United States, adultery is a criminal offence, punishable by imprisonment or fine. (See DIVORCE.)

AD VALOREM (Lat. for ``according to value''), the term given in commerce to a duty which is levied by customs authorities on goods or commodities in proportion to their value. An ad valorem duty is the opposite of a specific duty, which is chargeable on the measure or weight of goods. The United States is the one important country which has adopted in its tariff an extensive system of ad valorem duties, though it has not altogether disregarded specific duties; in some cases, indeed, the two are combined. Ad valorem duties, in the United States, are levied according to the saleable value of the goods in the country of their origin, and it is usual to require at the port of entry the production of an invoice with full particulars as to the place where, time when, and person from whom the goods were purchased, and the actual cost of the goods and the charges on them. Such an invoice is countersigned by the consul of the country for which the goods are intended. On arrival at the port of consignment the invoice is sworn to by the importer. The goods are then valued by an appraiser, and if the valuation of the appraiser exceeds that which appears on the invoice, double duty is levied, subject to appeal to a general appraiser and to boards of general appraisers.

It has been argued that, theoretically, an ad valorem duty is preferable to a specific duty, inasmuch as it falls in proper proportion alike on the high-priced and low-priced grades of a commodity, and, no matter how the value of any article fluctuates, the rate of taxation automatically adjusts itself to the new value. In practice, however, ad valorem duties lead to great inequalities, and are very difficult to levy; while the relative value of two commodities may remain apparently unchanged under an ad valorem duty, yet owing to the difference in the cost of production, or through the different proportions of fixed and circulating capital employed in their manufacture, an ad valorem tax will be felt much more severely by one commodity than by another. Again, there is always a difficulty in obtaining a true valuation on the exported goods, for values from their very nature are variable; while specific duties remain steady, and the buyer can always ascertain exactly what he will have to pay. The opening to fraud is also very great, for where, as in the United States, the object of the duty is to keep out foreign goods, every valuation at the port of shipment will be looked upon with the utmost suspicion, while it will always be a temptation to the foreign seller to undervalue, a temptation in many cases encouraged by the importer, for it lessens his tax, while the seller's market is increased. The staff of appraisers which must necessarily be kept at each port of entry considerably raises the expense, to say nothing of the annoyance and delay caused both to importers and foreign shippers.

The term ``ad valorem'' is used also of stamp duties. By the Stamp Act 1891 certain classes of instruments, e.g. awards, bills of exchange, conveyances or transfers, leases, &c., must be stamped in England with the proper ad valorem duty, that is, the duty chargeable according to the value of the subject matter of the particular instruments or writings. (See STAMP DUTIES.)

ADVANCEMENT, a term technically used in English law for a sum of money or other benefit, given by a father during his lifetime to his child, which must be brought into account by the child on a distribution of the father's estate upon an intestacy on pain of his being excluded from participating in such distribution. The principle is of ancient origin; as regards goods and chattels it was part of the ancient customs of London and the province of York, and as regards land descending in coparcenary it has always been part of the common law of England under the name of hotch-pot (q.v.). The general rule was established by the Statutes of Distribution. The conditions under which cases of advancement arise are as follows: There must be a complete intestacy; the intestate estate must be that of the father; and the advancement must have been made in the lifetime of the father. Land which belongs or would belong to a child as heir at law or customary heir need not be brought in to the common fund, even though such land was given during the father's life. The widow can gain no advantage from any advancement. No child can be forced to account for his or her advancement, but in default thereof he will be excluded from a share in the intestate's estate. As to what is an advancement there has been much conflict of judicial opinion. According to one view, nothing is an advancement unless it be given ``on marriage or to establish the child in life.'' The other and probably the correct view is that any considerable sum of money paid to a child at that child's request is an advancement; thus payment of a son's debts of honour has been held to be an advancement. On the other hand, trivial gifts and presents to a child are undoubtedly not advancements.

ADVANTAGE, that which gives gain or helps forward in any way. The Fr. avant (before) shows the origin and meaning of this word, the d having subsequently crept in and corrupted the spelling. It is often contracted to ``vantage.'' In some games (e.g. lawn tennis) the term ``vantage'' is used technically in scoring (``deuce'' and ``vantage''; ``vantage sets''). A position which gives a better chance of success than its surroundings is called a ``vantage ground.'' In an unfavourable sense the word ``advantage'' is used to express a mean use made of some favourable condition (e.g. to take advantage of another man's misfortunes).

ADVENT (Lat. Adventus, sc. Redemptoris, ``the coming of the Saviour''), a holy season of the Christian church, the period of preparation for the celebration of the nativity or Christmas. In the Eastern church it lasts from St Martin's Day (11th of November), and in other churches from the Sunday nearest to St Andrew's Day (30th of November) till Christmas. It is uncertain at what date the season began to be observed. A canon of a council at Saragossa in 380, forbidding the faithful to be absent from church during the three weeks from the 17th of December to the Epiphany, is thought to be an early reference to Advent. The first authoritative mention of it is in the Synod of Lerida (524), and since the 6th century it has been recognized as the beginning of the ecclesiastical year. With the view of directing the thoughts of Christians to the first coming of Christ as Saviour, and to his second coming as Judge, special lessons are prescribed for the four Sundays in Advent. From the 6th century the season was kept as a period of fasting as strict as that of Lent; but in the Anglican and Lutheran churches the rule is now relaxed. In the Roman Catholic church Advent is still kept as a season of penitence. Dancing and festivities are forbidden, fasting enjoined and purple vestments are worn in the church services.

In many countries Advent was long marked by diverse popular observances, some of which even still survive. Thus in England, especially the northern counties, there was a custom (now extinct) for poor women to carry round the ``Advent images,'' two dolls dressed one to represent Christ and the other the Virgin Mary. A halfpenny was expected from every one to whom these were exhibited, and bad luck was thought to menace the household not visited by the doll-bearers before Christmas Eve at the latest.

In Normandy the farmers still employ children under twelve to run through the fields and orchards armed with torches, setting fire to bundles of straw, and thus it is believed driving out such vermin as are likely to damage the crops. III Italy among other Advent celebrations is the entry into Rome in the last days of Advent of the Calabrian pifferari or bagpipe players, who play before the shrines of the Holy Mother. The Italian tradition is that the shepherds played on these pipes when they came to the manger at Bethlehem to do homage to the Saviour.

ADVENTISTS, SECOND, members of religious bodies whose distinctive feature is a belief in the imminent physical return of Jesus Christ. The first to bear the name were the followers of William Miller, and adherents have always been more numerous in America than in Europe. There is a body of Seventh Day Adventists who observe the old Sabbath (Saturday) rather than the Christian Sunday. They counsel abstemious habits, but set no time for the coming of Christ, and so are spared the perpetual disappointments that overtake the ordinary adventist. They have some 400 ministers and 60,000 members.

ADVENTITIOUS (from Lat. adventicius, coming from abroad), a quality from outside, in no sense part of the substance or circumstance: a man's clothes, or condition of life, his wealth or his poverty, are called by Carlyle ``adventitious wrappages,'' as being extrinsic, superadded and not a natural part of him. In botany the word means that which is not normal to the plant, which appears irregularly and accidentally, e.g. buds or roots out of place, or strange spots and streaks not native to the flower.

ADVENTURE (from Lat. res adventura, a thing about to happen), chance, and especially chance of danger; so a hazardous enterprise or remarkable incident. Thus an ``adventurer,'' from meaning one who takes part in some speculative course of action, came to mean one who lived by his wits and a person of no character. The word is also used in certain restricted legal connexions. Joint adventure, for instance, may be distinguished from partnership (q.v.). A bill of adventure in maritime law (now apparently obsolete) is a writing signed by the shipmaster declaring that goods shipped in his name really belong to another, to whom he is responsible. The bill of gross adventure in French maritime law is an instrument making a loan on maritime security.

ADVERTISEMENT, or ADVERTISING (Fr. avertissement, warning, or notice), the process of obtaining and particularly of purchasing publicity. The business of advertising is of very recent origin if it be regarded as a serious adjunct to other phases of commercial activity. In some rudimentary form the seller's appeal to the buyer must, however, have accompanied the earliest development of trade. Under conditions of primitive barter, communities were so small that every producer was in immediate personal contact with every consumer. As the primeval man's wolfish antipathy to the stranger of another pack gradually diminished, and as intercourse spread the infection of larger desires, the trapper could no longer satisfy his more complicated wants by the mere exchange of his pelts for his lowland neighbour's corn and oil. A began to accept from B the commodity which he could in turn deliver to C, while C in exchange for B's product gave to A what D had produced and bartered to C. The mere statement of such a transaction sufficiently presents its clumsiness, and the use of primitive forms of coin soon simplified the original process of bare barter. It is reasonable to suppose that as soon as the introduction of currency marked the abandonment of direct relations between purchaser and consumer an informal system of advertisement in turn rose to meet the need of publicity. At first the offer of the producer must have been brought to the trader's attention, and the trader's offer to the notice of the consumer, by casual personal contact, supplemented by local rumour. The gradual growth of markets and their development into periodical fairs, to which merchants from distant places resorted, afforded, until printing was invented, the only means of extended advertisement. In England, during the 3rd century, Stourbridge Fair attracted traders from abroad as well as from all parts of England, and it may be conjectured that the crying of wares before the booths on the banks of the Stour was the first form of advertisement which had any marked effect upon English commerce. As the fairs of the middle ages, with the tedious and hazardous journeys they involved, gradually gave place to a more convenient system of trade, the 15th century brought the invention of printing, and led the Way to the modern development of advertising. The Americans, to whom the elaboration of newspaper advertising is primarily due, had but just founded the first English-speaking community in the western hemisphere when the first newspaper was published in England. But although the first periodical publication containing news appeared in the month of May 1622, the first newspaper advertisement does not seem to have been published until April 1647. It formed a part of No. 13 of Perfect Occurrences of Every Daie journall in Parliament, and other Moderate Intelligence, and it read as follows:-A Book applauded by the Clergy of England, called The Divine Right of church Government, Collected by sundry eminent Ministers in the Citie of London; Corrected and augmented in many places, with a briefe Reply to certain Queries against the Ministery of England; Is printed and published for Joseph Hunscot and George Calvert, and are to be sold at the Stationers' Hall, and at the Golden Fleece in the Old Change. Among the Mercuries, as the weekly newspapers of the day were called, was the Mercurius Elencticus, and in its 45th number, published on the 4th of October 1648, there appeared the following advertisement:--

The Reader is desired to peruse a Sermon, Entituled A Looking-Glasse for Levellers, Preached at St. Peters, Paules Wharf, on Sunday, Sept. 24th 1648, by Paul Knell, Mr. of Arts. Another Tract called A Reflex upon our Reformers, with a prayer for the Parliament In an issue of the Mercurius Politicus, published by Marchmont Nedham, who is described as ``perhaps both the ablest and the readiest man that had yet tried his hand at a newspaper,'' there appeared in January 1652 an advertisement, which has often been erroneously cited as the first among newspaper advertisements. It read as follows:--

Irenodia Gratulatoria, a heroic poem, being a congratulatory panegyrick for my Lord General's return, summing up his successes in an exquisite manner. To be sold by John Holden, in the New Exchange, London, Printed by Thomas Newcourt, 1652. The article ``On the Advertising System,'' published in the Edinburgh Review for February 1843, contains the fullest account of early English advertising that has ever been given, and it has been very freely drawn upon by all writers who have since discussed the subject. But it describes this advertisement in the Mercurius Politicus as ``the very first,'' and the discovery of the two earlier instances above quoted was due to the researches of a contributor to Notes and Queries.

In The Crosby Records, the commonplace-books of William Blundell, there is an interesting comment, dated 1659, on the lack of advertising facilities at that period--It would be very expedient if each parish or village might have some place, as the church or smithy, wherein to publish (by papers posted up) the wants either of the buyer or the seller, as such a field to be let, such a servant, or such a service, to be had, &c. There was a book published in London weekly about the year 1657 which was called (as I remember) The Publick Advice. At gave information in very many of these particulars. A year later the same diarist says--There is an office near the Old Exchange in London called the office of Publick Advice. From thence both printed and private information of this useful nature are always to be had. But what they print is no more than a leaf or less in a diurnal. I was in this office. The diurnal consisted of sixteen pages quarto in 1689. In No. 62 of the London Gazette, published in June 1666, the first advertisement supplement was announced--An Advertisement--Being daily prest to the Publication of Books, Medicines, and other things not properly the business of a Paper of Intelligence, This is to notifie, once for all, that we will not charge the Gazette with Advertisements, unless they be matter of State: but that a Paper of Advertisements will be forthwith printed apart, & recommended to the Publick by another hand. In No. 94 of the same journal, published in October 1666, there appeared a suggestion that sufferers from the Great Fire should avail themselves of this means of publicity--Such as have settled in new habitations since the late Fire, and desire for the convenience of their correspondence to publish the place of their present abode, or to give notice of Goods lost or found may repair to the corner House in Bloomsbury on the East Side of the Great Square, before the House of the Right Honourable the Lord Treasurer, where there is care taken for the Receipt and Publication of such Advertisements.

The earlier advertisements, with the exception of formal notices, seem to have been concerned exclusively with either books or quack remedies. The first trade advertisement, which does not fall within either of these categories, was curiously enough the first advertisement of a new commodity, tea. The following advertisement appeared in the Mercurius Politicus, No. 435, for September 1658--

That excellent and by all Physitians approved China Drink, called by the Chineans Tcha, by other nations Tay, alias Tee, is sold at the Sultaness Head, a cophee-house in Sweetings Rents, by the Royal Exchange, London.

The history of slavery, of privateering and of many other curious incidents and episodes of English history during the 17th and 18th centuries might be traced by examination of the antiquated advertisements which writers upon such subjects have already collected. In order that space may be found for some consideration of the practical aspects of modern advertising, the discussion of its gradual development must be curtailed. Nor is it necessary to preface this consideration by any laboured statement of the importance which advertising has assumed. It is a matter of common knowledge that several business houses are to be found in Great Britain, and a larger number in the United States, who spend not less than L. 50,000 a year in advertising, while one patent medicine company, operating both in England and the United States, has probably spent not less than L. 200,000 in Great Britain in one year, and an English cocoa manufacturer is supposed to have spent L. 150,000 in Great Britain. Some of the best works of artists as distinguished as Sir John Millais, Sir H. von Herkomer and Mr Stacy Marks have been scattered broadcast by advertisers. The purchase of Sir John Millais' picture ``Bubbles'' for L. 2200 by the proprietors of a well-known brand of soap is probably the most remarkable instance of the expenditure in this direction which an advertiser may find profitable. There are in London alone more than 350 advertising agents, of whom upwards of a hundred are known as men in a considerable way of business. The statements which from time to time find currency in the newspapers with regard to the total amount of money annually spent upon advertising in Great Britain and in the United States are necessarily no better than conjectures, but no detailed statistics are required in order to demonstrate what every reader can plainly see for himself, that advertising has definitely assumed its position as a serious field of commercial enterprise.

Advertising, as practised at the beginning of the 20th century, may be divided into three general classes:--1. Advertising in periodical publications. 2. Advertising by posters, signboards (other than those placed upon premises where the advertised business is conducted), transparencies and similar devices. 3. Circulars, sent in quantities to specific classes of persons to whom the advertiser specially desired to address himself. It may be noted at the outset that advertising in periodical publications exercises a reflex influence upon these publications. The dally, weekly and monthly publications of the day are accustomed to look to advertisements for so large a part of their revenue that the purchaser of a periodical publication receives much greater value for his money than he could reasonably expect from the publisher if the aggregate advertising receipts did not constitute a perpetual subsidy to the publisher. It is not to be supposed, however, that the receipts from the sale of a paper cover all its expenses and that the advertising revenue is all clear profit. The average newspaper reader would be amazed if he knew at how great a cost the day's news is laid before him. A dignified journal displays no inclination to cry from the housetops the vastness of its expenditure, but from time to time an accident enables the public to obtain information in this connexion. The evidence taken by a recent Copyright Commission disclosed that the expenditure of the leading English journal upon foreign news alone amounted to more than L. 50,000 in the course of one year, and that a year not characterized by any great war to swell the ordinary volume of cable despatches.

In the case of daily papers sold at the minimum price, it is not less obvious that the costliness of news service renders advertising revenue indispensable, for although these less important journals spend less money, the price at which they are supplied to the news agents is very small in proportion to the cost of their production. If, however, this thought be pursued to its logical conclusion, the advertiser must admit that he in turn receives, from those among newspaper readers who purchase his wares, prices sufficiently high to cover the cost of his advertising. So that the reader is in the curious position of directly paying a certain price for his newspaper, receiving a newspaper fairly worth more than that price, while this price is supplemented by the indirect incidence of a sort of tax upon many of the commodities he consumes. On the other hand, a great part of the advertisements in a daily newspaper have themselves an interest and utility not less than that possessed by the news. The man who desires to hire a house turns to the classified lists which the newspaper publishes day after day, and servants and employers find one another by the same means. The theatrical announcements are so much a part of the news that even if a journal were not paid for their insertion they could not be altogether omitted without inconvenience to the reader. In the main, however, it is the advertiser who seeks the reader, not the reader who seeks the advertiser, and the care with which advertisements are prepared, and the certainty with which the success or failure of a trader may be traced to his skill or want of skill as an advertiser, show that the proper use of advertising is one of the most indispensable branches of commercial training.

Poster and sign advertisements.

Before discussing in detail the methods of advertising in periodical publications it may be well to complete, for the use of the general reader, a brief survey of the whole subject by examining the two other classes of advertisement. The most enthusiastic partisan of advertising will admit that posters and similar devices are very generally regarded by the public as sources of annoyance. A bold headline or a conspicuous illustration in a newspaper advertisement may for a moment force itself upon the reader's attention. In the French, and in some English newspapers, where an advertisement is often given the form of an item of news, the reader is distressed by the constant fear of being hoodwinked. He begins to read an account of a street accident, and finds at the end of the paragraph a puff of a panacea for bruises. The best English and American journals have refused to lend themselves to this sort of trickery, and in no one of the best journals printed in the English language will there be found an advertisement which is not so plainly differentiated from news matter that the reader may avoid it if he sees fit to do so. On the whole, then, newspaper advertisements ask, but do not compel attention. The whole theory of poster advertising is, on the other hand, one of tyranny. The advertiser who pays for space upon a hoarding or wall, although he may encourage a form of art, deliberately violates the wayfarer's mind. A trade-mark or a catch-word presents itself when eye and thought are occupied with other subjects. Those who object to this class of advertisement assert, with some show of reason, that an advertisement has no more right to assault the eye in this fashion than to storm the ear by an inordinate din; and a man who came up behind another man in the street, placed his mouth close to the other's ear, and bawled a recommendation of some brand of soap or tobacco, would be regarded as an intolerable disturber of public peace and comfort. Yet if the owner of a house sees fit to paint advertisements upon his walls, his exercise of the jealously guarded rights of private property may not lightly be disturbed. For the most part, both law and public opinion content themselves with restraining the worst excesses of the advertiser, leaving many sensitive persons to suffer. The National Society for Checking the Abuses of Public Advertising (known as SCARA), founded in 1803 in London, was organized for purposes which it describes as follows:--

The society aims at protecting the picturesque simplicity of rural and river scenery, and promoting a regard for dignity and propriety of aspect in towns---with especial reference to the abuses of spectacular advertising.

It seeks to procure legislation whereby local representative bodies would be enabled to exercise control, by means of by-laws framed with a view to enabling them, at any rate, to grant relief in cases of flagrant and acknowledged abuse.

It is believed that, when regulation is applied in cases where local conditions are peculiarly favourable, the advantage will be so apparent that, by force of imitation and competition, the enforcement of a reasonable standard will gradually become common. The degree of restraint will, of course, depend upon the varying requirements of different places and positions. No hard-and-fast rule is suggested; no particular class of advertisement is proscribed; certainly no general prohibition of posters on temporary hoardings is contemplated. Within the metropolitan area sky signs have already been prohibited, and it is hoped that some corresponding check will be placed on the multiplication of the field boards which so materially diminish the pleasure or comfort of railway journeys.

The society regards with favour the imposition of a moderate tax or duty for imperial or local purposes on exposed advertisements not coming within certain categories of obviously necessary notices. The difficulty of inducing a chancellor of the exchequer to move in a matter where revenue is not the primary consideration is not overlooked. But it is thought that an impost would materially reduce the volume of exposed advertisements, and would at once extinguish the most offensive and the most annoying class, i.e. the quack advertisements by the road sides and the bills stuck by unauthorized persons on trees, walls and palings.

Members are recommended to make it known that there exists an active repugnance to the present practice of advertising disfigurement, by giving preference, in private transactions, to makers and dealers who do not employ objectionable methods, and by avoiding, as far as possible, the purchase of wares which, in their individual opinion, are offensively puffed. Action on these lines is advised rather for its educational than for its immediately deterrent effect; although, in the case of many of the more expensive commodities, makers would undoubtedly be much influenced by the knowledge that they would lose, rather than gain, custom.

The foregoing proposals are based on the following estimate of the conditions of the problem. It is believed that the present licence causes discomfort or loss of enjoyment to many, and that, in the absence of authoritative restriction, it must grow far beyond its present limits; that beauty or propriety of aspect in town and country forms as real a part of the national wealth as any material product, and that to save these from impairment is a national interest; that the recent developments of vexatiously obtrusive advertising have not grown out of any necessities of honourable business, but are partly the result of a mere instinct of imitation, and partly are a morbid phase of competition by which both the consumers and the trade as a whole lose; that restriction as regards the size and positions of advertising notices would not be a hardship to those who want publicity--since all competitors would be treated alike, each would have the same relative prominence; that, as large sums of public money are expended on institutions intended to develop the finer taste, and on edifices of elaborate design, it must be held inconsistent with established public policy to permit the sensibilities thus imparted to be wounded, and architectural effect to be destroyed at the discretion of a limited class. The influence of this society is to be seen in many of the restrictions which have been imposed upon advertisers since its work began. About a year after its foundation the London County Council abolished (under statutory powers obtained from Parliament) advertisements coming within the definition of sky-signs in the London Building Act of 1894. These specifications are as follows--``Sky sign', means any word, letter, model, sign, device, or representation in the nature of an advertisement, announcement, or direction supported on or attached to any post, pole, standard, framework, or other support, wholly or in part upon, over, or above any building or structure, which, or any part of which, sky sign shall be visible against the sky from any point in any street or public way, and includes all and every part of any such post, pole, standard, framework, or other support. The expression ``sky sign'' shall also include any balloon, parachute, or similar device employed wholly or in part for the purposes of any advertisements or announcement on, over, or above any building, structure, or erection of any kind, or on or over any street or public way.

The act proceeds to exclude from its restrictions flagstaffs, weathercocks and any solid signs not rising more than 3 feet above the roof.

Another by-law of the London County Council, in great measure due to the observations made at coroners' inquests, protects the public against the annoyances and the perils to traffic occasioned by flashlight and searchlight advertisements. This by-law reads as follows:--No person shall exhibit any flashlight so as to be visible from any street and to cause danger to the traffic therein, nor shall any owner or occupier of premises permit or suffer any flashlight to be so exhibited on such premises.

The expression ``flashlight'' means and includes any light used for the purpose of illuminating, lighting, or exhibiting any word, letter, model, sign, device, or representation in the nature of an advertisement, announcement, or direction which alters suddenly either in intensity, colour, or direction.

No person shall exhibit any searchlight so as to be visible from any street, and to cause danger to the traffic therein, nor shall any owner or occupier of premises permit or suffer any searchlight to be so exhibited on such premises.

The expression ``searchlight'' means and includes any light exceeding 500-candle power, whether in one lamp or lantern, or in a series of lamps or lanterns used together and projected as one concentrated light, and which alters either in intensity, colour, or direction.

Advertising vans were so troublesome in London as to be prohibited in 1853; the ``sandwich-man'' has in the City of London and many towns been ousted from the pavement to the gutter, from the more crowded to the less crowded streets, and as the traffic problem in the great centres of population becomes more urgent, he will probably be altogether suppressed.

Hoardings are now so restricted by the London Building Acts that new hoardings cannot, except under special conditions, be erected exceeding 12 feet in height, and no existing hoardings can be increased in height so as to exceed that limit. The huge signs which some advertisers, both in England and the United States, have placed in such positions as to mar the landscape, have so far aroused public antagonism that there is reason to hope that this form of nuisance will not increase.

In 1899 Edinburgh obtained effective powers of control over ail sorts of advertising in public places, and this achievement has been followed by no little agitation in favour of a Parliamentary enactment which should once for all do away with the defacing of the landscape in any part of the United Kingdom.

In 1907 an act was passed (Advertisements Regulation Act) of a permissive character purely, under which a local authority is enabled to make by-laws, subject to the confirmation of the Home Secretary, regulating (1) the erection of hoardings, &c., exceeding 12 feet in height, and (2) the exhibition of advertisements which might affect the ``amenities'' of a public place or landscape.

The English law with regard to posters has undergone very little change. The Metropolitan Police Act 1839 (2 and 3 Vict. cap. 47) first put a stop to unauthorized posting, and the Indecent Advertisements Act of 1889 (sec. 3) penalized the public exposure of any picture or printed or written matter of an indecent or obscene nature. But in general practice there is hardly any limitation to the size or character of poster advertisements, other than good taste and public opinion. On the other hand, public opinion is a somewhat vague entity, and there have been cases in which a conflict has arisen as to what public opinion really was, when its legally authorized exponent was in a position to insist on its own arbitrary definition. Such an instance occurred some few years ago in the case of a large poster issued by a well-known London music-hail. The Progressive majority on the London County Council, led by Mr (afterwards Sir) J. M`Dougall, a well-known ``purity'' advocate, took exception to this poster, which represented a female gymnast in ``tights'' posed in what was doubtless intended for an alluring and attractive attitude; and, in spite of any argument, the fact remained that the decision as to renewing the licence of this music-hall rested solely with the Council. In showing that it would have no hesitation in provoking even a charge of meddling prudery, the Council probably gave a salutary warning to people who were inclined to sail rather too near the wind. But in Great Britain and America, at all events (though a doubt may perhaps exist as to some Continental countries), the advertiser and the artist are restrained, not only by their own sense of propriety, but by fear of offending the sense of propriety in their customers.

Posters and placards in railway stations and upon public vehicles still embarrass the traveller who desires to find the name of a station or the destination of a vehicle. In respect of all these abuses it is a regrettable fact that unpopularity cannot be expected to deter the advertiser. If a name has once been fixed in the memory, it remains there long after the method of its impression has been forgotten, and the purpose of advertisements of the class under discussion is really no more than the fixing of a trade name in the mind. The average man or woman who goes into a shop to buy soap is more or less affected by a vague sense of antagonism towards the seller. There is a rudimentary feeling that even the most ordinary transaction of purchase brings into contact two minds actuated by diametrically opposed interests. The purchaser, who is not asking for a soap he has used before, has some hazy suspicion that the shopkeeper will try to sell, not the article best worth the price, but the article which leaves the largest margin of profit; and the purchaser imagines that he in some measure secures himself against a bad bargain when he exercises his authority by asking for some specific brand or make of the commodity he seeks. If he has seen any one soap so persistently advertised that his memory retains its name, he will ask for it, not because he has any reason to believe it to be better or cheaper than others, but simply because he baffles the shopkeeper, and assumes an authoritative attitude by exerting his own freedom of choice. This curious and obscure principle of action probably lies at the root of all poster advertising, for the poster does not set forth an argument as does the newspaper advertisement. It hardly attempts to reason with the reader, but merely impresses a name upon his memory. It is possible, by lavish advertising, to go so far in this direction that the trade-mark of a certain manufacturer becomes synonymous with the name of a commodity, so that when the consumer thinks of soap or asks for soap, his concept inevitably couples the maker's name with the word ``soap'' itself. In order that the poster may leave any impression upon his mind, it must of course first attract his attention. The assistance which the advertiser receives from the artist in this connexion is discussed in the article POSTER.

The fact that the verb ``to circularize'' was first used in 1848; sufficiently indicates the very recent origin of the practice of plying possible purchasers with printed letters and pamphlets. The penny postage was not established in England until 1840; the halfpenny post for circulars was not introduced until 1855. In the United States a uniform rate of postage at two cents was not established until 1883. In both countries cheap postage and cheap printing have so greatly encouraged the use of circulars that the sort of people whom the advertiser desires to reach--those who have the most money to spend, and whose addresses, published in directories, indicate their prosperous condition--are overwhelmed by tradesmen's price-lists, appeals from charitable institutions, and other suggestions for the spending of money. The addressing of envelopes and enclosing of circulars is now a recognized industry in many large towns both in Great Britain and in the United States. It seems, however, to be the opinion of expert advertisers that what is called ``general circularizing'' is unprofitable, and that circulars should only be sent to persons who have peculiar reason to be interested by their specific subject-matter. It may be noted, as an instance of the assiduity with which specialized circularizing is pursued, that the announcement of a birth, marriage or death in the newspapers serves to calf forth a grotesque variety of circulars supposed to be adapted to the momentary needs of the recipient.

In concluding this review of methods of advertising, other than advertisements in periodical publications, we may add that the most extraordinary attempt at advertisement which is known to exist is to be found at the churchyard at Godalming, Surrey, where the following epitaph was placed upon a

Sacred To the memory of Nathaniel Godbold Esq, inventor & Proprietor of that excellent medicine The Vegetable Balsam For the Cure of Consumptions & Asthmas. He departed this Life The 17th. day of Decr. 1799 Aged 69 years. Hic Cineres, ubique Fama.

The preparation of advertisements for the periodical press has within the last twenty years or so become so important a task that a great number of writers and artists--many of the latter possessing considerable abilities--gain a livelihood from this pursuit. The ingenuity displayed in modern newspaper advertising is unquestionably due to American initiative. The English newspaper advertisement of twenty years ago consisted for the most part of the mere reiteration of a name. An advertiser who took a column's space supplied enough matter to fill an inch, and ingenuously repeated his statement throughout the column. Such departures from this childlike method as were made were for the most part eccentric to the point of incoherence. It may, however, be said in defence of English advertisers, that newspaper publishers for a long time sternly discountenanced any attempt to render advertisements attractive. So long as an advertiser was rigidly confined to the ordinary single-column measure, and so long as he was forbidden to use anything but the smallest sort of type, there was very little opportunity for him to attract the reader's attention. The newspaper publisher must always remember that the public buy a newspaper for the sake of the news, not for the sake of the advertisements, and that if the advertisements are relegated to a position and a scope, in respect of display, so inferior that they may be overlooked, the advertiser cannot afford to bear his share of the cost of publication. Of late The Times, followed by almost all newspapers in the United Kingdom, has given the advertiser as great a degree of liberty as he really needs, and many experienced advertisers in America incline to the belief that the larger licence accorded to American advertisers defeats its own ends. The truth would seem to be that the advertiser will always demand, and may fairly expect, the right to make his space as fantastic in appearance as that allotted to the editor. When some American editors see fit to print a headline in letters as large as a man's hand, and to begin half-a-dozen different articles on the first page of a newspaper, continuing one on page 2, another on page 4, and another on page 6, to the bewilderment of the reader, it can hardly be expected that the American advertiser should submit to any very strict code of decorum. The subject of the relation between a newspaper proprietor and his advertisers cannot be dismissed without reference to the notable independence of advertisers' influence, which English and American newspaper proprietors authorize their editors to display. Whenever an insurance company or a bank goes wrong, the cry is raised that all the editors in Christendom had known for years that the directors were imbeciles and rogues, but had conspired to keep mute for the sake of an occasional advertisement. When the British public persisted, not long ago, in paying premium prices for the shares of over-capitalized companies, the crash had no sooner come than the newspapers were accused of having puffed promotions for the sake of the money received for publishing prospectuses. As a matter of fact, in the case of the best dailies in England and America, the editor does not stand at all in awe of the advertiser, and time after time the Money Article has truthlessly attacked a promotion of which the prospectus appeared in the very same issue. It is indeed to the interest of the advertiser, as well as to the interest of the reader, that this independence should be preserved, for the worth of any journal as an advertising medium depends upon its possessing a bona fide circulation among persons who believe it to be a serious and honestly conducted newspaper. All advertisers know that the minor weeklies, which contain nothing but trade puffs, and are scattered broadcast among people who pay nothing for their copies, are absolutely worthless from the advertiser's point of view. The most striking difference between the periodical press of Great Britain and that of America is, that in the former country the magazines and reviews play but a secondary role, while in the United States the three or four monthlies possessing the largest circulation are of the very first importance as advertising mediums. One reason for this is that the advertisements in an American magazine are printed on as good paper, and printed with as great care, as any other part of the contents. There are probably very few among American magazine readers who do not habitually look through the advertising pages, with the certainty that they will be entertained by the beauty of the advertiser's illustrations and the quaint curtness of his phrases. Another reason is that the American monthly magazine goes to all parts of the United States, while, owing to the time required for long journeys on even the swiftest trains, no American daily paper can have so general a circulation as The Times in the United Kingdom. In comparison with points on the Pacific coast, Chicago does not seem far from New York, yet, with the exception of one frenzied and altogether unsuccessful attempt, no New York daily has ever attempted to force a circulation in Chicago. The American advertiser would, therefore, have to spend money on a great number of daily papers in order to reach as widespread a public as one successful magazine offers him.

There is reason to believe that the English magazine publishers have erred gravely in taking what are known in the trade as ``insets,'' consisting of separate cards or sheets printed at the advertiser's cost, and accepted by the publisher at a specific charge for every thousand copies. This system of insetting has the grave inconvenience that the advertiser finds himself compelled to print as many insets as the publisher asserts that he can use. The publisher, on the other hand, is somewhat at the mercy of too enthusiastic agents and employes, who estimate over-confidently the edition of the periodical which will probably be printed for a certain month, and advertisers have had reason to fear that many of their insets were wasted. The added weight and bulk of the insets cause inconvenience and expense to the newsdealer, as two or three insets printed upon cardboard are equivalent to at least sixteen additional pages. Some newsdealers have further complicated the inset question by threaten. ing to remove insets unless special tribute be paid to them; and with all these difficulties to be considered, many magazine publishers have seriously considered the advisability of altogether discontinuing the practice of taking insets, and of confining their advertisements to the sheets they themselves print. In connexion with this subject, it may be added that many readers habitually shake loose hills out of a magazine before they begin to turn the pages, and that railway stations, railway carriages and even public streets are thus littered with trampled and muddy advertisements. The old practice of distributing handbills in the streets is dying a natural death, more or less hastened by local by-laws, and when the loose bills in magazines and cheap novels have ceased to exist no one will be the loser. Advertisements in the weekly press are on the whole more successful in England than in America. A few American weeklies cope successfully with the increasing competition of the huge Sunday editions of American daily papers. But even the most successful among them--a paper for boys--has hardly attained the prosperity of some among its English contemporaries in the field of weekly journalism.

The merchant who turns to these pages for practical suggestions concerning the advertising of his own business, can be given no better advice than to betake himself to an established advertising agent of good repute, and be guided by his counsels. The chief part that he can himself play with advantage is to note from day to day whether the agent is obtaining advantageous positions for his announcements. Every advertiser will naturally prefer a right-hand page to a left-hand page, and the right side of the page to the left side of the page; while the advertiser who most indefatigably urges his claims upon the agent will, in the long run, obtain the largest share of the favours to be distributed. To the merchant who inclines to consider advertising in connexion with the broader aspects of his calling, it may be suggested that a new channel of trade demands very serious attention. What is called in England ``postal trade,'' and in America ``mail order business,'' is growing very rapidly. Small dealers in both countries have complained very bitterly of the competition they suffer from the general dealers and from stores made up of departments which, under one roof, offer to the consumer every imaginable sort of merchandise. This general trading, which, on the one hand, seriously threatens the small trader, and on the other hand offers greater possibilities of profit to the proportionately small number of persons who can undertake business on so large a scale, becomes infinitely more formidable when the general dealer endeavours not only to attract the trade of a town, but to make his place of business a centre from which he distributes by post his goods to remote parts of the country. In America, where the weight of parcels carried by post is limited to 4 lb., and where the private carrying companies are forced to charge a very much higher rate for carriage from New York to California than for shorter distances, the centralization of trade is necessarily limited; but it is no secret that, at the present moment, persons residing in those parts of the United Kingdom most remote from London habitually avail themselves of the English parcel post, which carries packages up to 11 lb. in order to procure a great part of their household supplies direct from general dealers in London. A trading company, which conducts its operations upon such a scale as this, can afford to spend an almost unlimited sum in advertising throughout the United Kingdom, and even the trader who offers only one specific class of merchandise is beginning to recognize the possibility of appealing to the whole country.

Legal regulation.

The following is a brief summary of the laws and regulations dealing with advertisements in public places in certain of the countries of Continental Europe and in the United States of America, the chief authority for which is an official return issued by the British Home Office in 1903.

France.--The permission of the owner is alone required for the placing of advertisements on private buildings; but buildings, walls, &c., belonging to the government or local authorities are reserved exclusively for official notices, &c.; these alone can be printed on white paper, all others must be on coloured paper. Municipal authorities control the size, construction, &c., of hoardings used for advertising purposes, and the police have full powers over the exhibition of indecent or other objectionable advertisements. The Societe pour la protection des paysages, founded in 1901, has for one of its objects the prevention of advertisements which disfigure the scenery or are otherwise objectionable.

Germany.--By sec. 43 of the Imperial Commercial Ordinance permission to post any trade advertisement in a public street, square, &c., must be first obtained from the local police. The police also control (by sec. 55 of the Imperial Press Law 1874) advertisements which are not of a trade character, but this regulation does not affect the right of the federal legislatures to make regulations in regard to them (sec. 30). It would be impossible to give in any detail the police regulations as to advertisements which exist, e.g. in Prussia, but the following rules in force in Berlin may be given:--Public advertisements in public streets and places may be posted only on the appliances, such as pillar posts, &c., provided for the purpose. Owners of property may post advertisements on their own property but only such as concern their own interests. Advertisements on public conveyances are forbidden. In 1902 a Prussian law was passed authorizing the police to forbid all advertisement hoardings, &c., which would disfigure particularly beautiful landscapes in rural districts. The Hesse-Darmstadt Act of 1902 prohibits the placing of any advertisements, posters, &c., on a monument officially protected under the act, if it would be likely to injure the appearance of the monument. As instances of the numerous local provisions against the abuse of advertising may be cited provisions against the abuse of advertising may be cited those of Augsburg and Lubeck, by Which any advertisement that would injure the Stadtbild or appearance of the town may be prohibited and removed by the local authority (see G. Baldwin Brown, The Care of Ancient Monuments, 1905). Full powers exist under the Imperial Criminal Code for the suppression of indecent or objectionable advertisements.

Austria.---Permission of the police is required for the exhibition of printed notices in public places other than such as are of purely local or industrial interest, such as notices of entertainment, leases, sales, &c., or theatre programmes, and these can only be shown in places approved by the local authorities (Press Law 1862). The press-police act as advertisement censors and determine whether an advertisement can be allowed or not. In Hungary there are no general laws or regulations, but the municipalities have power to issue ordinances dealing with the question.

Italy.--All control rests with the municipal and communal authorities, who may decide on the places where advertisements may or may not be posted, and can prevent hoardings being placed on or near ancient monuments or public buildings. Switzerland.---The Federal Government has no authority to deal with this question; certain of the cantons have regulations, e.g. Lucerne prohibits the public advertising of inferior goods by means of a false description, Basel-Stadt gives the police the power of censoring all advertisements. Many of the communal authorities throughout Switzerland have special restrictions and regulations. In Zurich the police choose the advertising stations, in Berne the municipality possesses a monopoly of the right of erecting advertisements. The Society known as the Ligue pour la conservation de la Suisse pittoresque or Schweitzerischer Heimatschutz has for one of its objects the preservation of scenery from disfiguring advertisements.

United States.---There is no federal legislation on the subject, the matter being one for regulation by the states, which in most cases have left it to the various municipalities and other local authorities. With regard to indecent and objectionable advertisements some states have special legislation on the matter, others are content with the ordinary criminal laws or police powers or with the law of nuisance or of trespass. Thus control can be exercised over such advertisements as are dangerous to public safety, health or morals. The state of New York prohibits advertisements of lotteries. It would be impossible to give in detail the different laws and regulations passed in the various states or by municipalities. The following are some of the more striking measures adopted in certain of the states. In Massachusetts no advertising signs or devices are allowed on the public highways. Power has been granted to city and town authorities to regulate advertisements in, near or visible from public parks. In the District of Columbia no advertisement is allowed which obstructs a highway, and all distribution of handbills, circulars, &c., in public streets, parks, &c., is prohibited. This prohibition against what are generally known as ``dodgers'' is very general in the local regulations throughout the states. In Illinois, city councils are empowered on the incorporation of the city to regulate and prevent the use of streets, sidewalks and public grounds for signs, handbills and advertisements, &c., and also the exhibition of banners, placards, in the streets or sidewalks. Chicago has a body of most stringent rules, but they apparently have been found impossible to enforce; thus no advertisement board more than 12 ft. square within 400 ft. of a public park or boulevard, no advertisements other than small ones relating to the business carried on in the premises where the advertisement is posted, or of sales, &c., are allowed in streets where three-quarters of the houses are ``residences'' only. Prohibition is also extended to the advertisements of those professing to cure diseases or giving notice of the sale of medicines. In Boston there are regulations prohibiting projecting or overhanging signs in the streets, and special rules as to the height at which street signs and advertisements must be placed. The distribution of ``dodgers'' in the streets is prohibited. Advertisements for places of amusement must be approved by the committee on licences.

Taxation.

France, Belgium, Italy and certain of the cantons in Switzerland impose a tax on advertisements, as do certain of the United States of America, where the form is usually that of a licence duty on billposters or advertising agencies. In many cases in the United States this is imposed by the municipalities. In every case both in Europe and America advertisements in newspapers are not subject to any tax. With regard to the literature of advertising, in addition to the historical article in the Edinburgh Review for February 1843, already mentioned, and that in the Quarterly Review for June 1855, the Society for Checking the Abuses of Public Advertising issue a journal, A Beautiful World. The Journal of the Society of Comparative Legislation (N.S. xvi. 1906) contains an article by W.J.B. Byles on Foreign Law and the Control of Advertisements in Public Places. The advertisers' handbooks, issued by the leading advertising agents, will also be found to contain practical information of great use to the advertiser. (H. R. H.*; C. WE.)

ADVICE (Fr. avis, from Lat. ad, to, and visum, viewed), counsel given after consideration, or information from a distance giving particulars of something prospective ( e.g. ``advice'' of an imminent battle, or of a cargo due). In commerce it is a common word for a formal notice from one person concerned in a transaction to another.

ADVOCATE (Lat. advocatus, from advocare, to summon, especially in law to call in the aid of a counsel or witness, and so generally to summon to one's assistance), a lawyer authorized to plead the causes of litigants in courts of law. The word is used technically in Scotland (see ADVOCATES, FACULTY OF) in a sense virtually equivalent to the English term barrister, and a derivative from the same Latin source is so used in most of the countries of Europe where the civil law is in force. The word advocatus is not often used among the earlier jurists, and appears not to have had a strict meaning. It is not always associated with legal proceedings, and might apparently be applied to a supporter or coadjutor in the pursuit of any desired object. When it came to be applied with a more specific limitation to legal services, the position of the advocatus was still uncertain. It was different from, and evidently inferior to, that of the juris-consultus, who gave his opinion and advice in questions of law, and may be identified with the consulting counsel of the present day. Nor is the merely professional advocate to be confounded with the more distinguished orator, or patronus, who came forward in the guise of the disinterested vindicator of justice. This distinction, however, appears to have arisen in later times, when the profession became mercenary. By the lex Cineia, passed about two centuries B.C., and subsequently renewed, the acceptance of remuneration for professional assistance in lawsuits was prohibited. This law, like all others of the kind, was evaded. The skilful debater was propitiated with a present; and though he could not sue for the value of his services, it was ruled that any honorarium so given could not be demanded back, even though he died before the anticipated service was performed. The traces of this evasion of a law may be found in the existing practice of rewarding counsel by fees in anticipation of services. The term advocatus came eventually to be the word employed when the bar had become a profession, and the qualifications, admission, numbers and fees of counsel had become a matter of state regulation, to designate the pleaders as a class of professional men, each individual advocate, however, being still spoken of as patron in reference to the litigant with whose interest he was entrusted. The advocatus fisci, or fiscal advocate, was an officer whose function, like that of a solicitor of taxes at the present day, was connected with the collection of the revenue. The lawyers who practised in the English courts of common law were never officially known as advocates, the word being reserved for those who practised in the courts of the civil and canon law (see DOCTORS' COMMONS). There was formerly an important official termed his majesty's advocate-general, or more shortly, the king's advocate, who was the principal law officer of the crown in the College of Advocates or Doctors' Commons, and in the admiralty and ecclesiastical courts. He discharged for these courts the duties which correspond to those of the solicitor of the treasury (see SOLICITOR). His opinion was taken by the foreign office on international matters, and on high ecclesiastical matters he was also consulted; all orders in council were submitted to him for approval. The office may now be said to be obsolete, for after the resignation of Sir Travers Twiss, the last holder, in 1872, it was not filled up. There was also a second law officer of the crown in the admiralty court called the admiralty advocate. This office has long been vacant. Advocate is also the title still in use in some of the British colonies to denote the chief law officer of the crown there. For instance, in Sierra Leone (until 1896), Lagos and Cyprus he is called the king's advocate; in Malta, crown advocate; in Mauritius, procureur and advocate-general, and in the provinces of India advocate-general. In France, the avocats, as a body, were reorganized under the empire by a decree of the 15th of December 1830. There is, however, a distinction between avocats and avoues. The latter, whose number is limited, act as procurators or agents, representing the parties before the tribunals, draft and prepare for them all formal acts and writings, and prepare their lawsuits for the oral debates. The office of the avocat, on the other hand, consists in giving advice as to the law, and conducting the causes of his clients by written and oral pleadings. The number of avocats is not limited; every licentiate of law being entitled to apply to the corporation of avocats attached to each court, and after presentation to the court, taking the oath of office and passing three years in attendance on some older advocate, to have himself recognised as an advocate.

In Germany the advocat no longer forms a distinct class of lawyer. Since 1879, when a sweeping judicature act (Deutsche Justizgesetzgebung) reconstituted the judicial system, the advocat in his character of adviser, as distinguished from the procurator, who formerly represented the client in the courts, has become merged in the Rechtsanwalt, who has the dual character of counsellor and pleader.

The advocates ecclesiae.

In the middle ages the word advocatus (Fr. avoue, Ger. Vogt) was used on the continent as the title of the lay lord charged with the protection and representation in secular matters of an abbey. The office is traceable as early as the beginning of the 5th century in the Roman empire, the churches being allowed to choose defensores from the body of advocates to represent them in the courts. In the Frankish kingdom, under the Merovingians, these lay representatives of the churches appear as agentes, defensores and advocati; and under the Carolingians it was made obligatory on bishops, abbots and abbesses to appoint such officials in every county where they held property. The office was not hereditary, the advocatus being chosen, either by the abbot alone, or by the abbot and bishop concurrently with the count. The same causes that led to the development of the feudal system also affected the advocatus. In times of confusion churches and abbeys needed not so much a legal representative as an armed protector, while as feudal immunities were conceded to the ecclesiastical foundations, these required a representative to defend their rights and to fulfil their secular obligations to the state, e.g. to lead the ecclesiastical levies to war. A new class of advocatus thus arose, whose office, commonly rewarded by a grant of land, crystallized into a fief, which, like other fiefs, had by the beginning of the 11th century become hereditary.

The French avoue.

In France the advocati (avoues) were of two classes.--(1) great barons, who held the advocateship of an abbey or abbeys rather as an office than a fief, though they were indemnified for the protection they afforded by a domain and revenues granted by the abbey: thus the duke of Normandy was adpoeatus of nearly all the abbeys in the duchy; (2) petty seigneurs, who held their avoueries as hereditary fiefs and often as their sole means of subsistence. The avoue of an abbey, of this class, corresponded to the vidame (q.v.) of a bishop. Their function was generally to represent the abbot in his capacity as feudal lord; to act as his representative in the courts of his superior lord; to exercise secular justice in the abbot's name in the abbatial court; to lead the retainers. Of the abbey to battle under the banner of the patron saint.

In England.

In England the word advocatus was never used to denote an hereditary representative of an abbot; but in some of the larger abbeys there were hereditary stewards whose functions and privileges were not dissimilar to those of the continental advocati. The word advocatus, however, was in constant use in England to denote the patron of an ecclesiastical benefice, whose sole right of any importance was an hereditary one of presenting a parson to the bishop for institution. In this way the hereditary right of presentation to a benefice came to be called in English an ``advowson'' (advocatio). The advocatus played a more important part in the feudal polity of the Empire and of the Low Countries than in France, where his functions, confined to the protection of the interests of religious houses, were superseded from the 13th century onwards by the growth of the central power and the increasing efficiency of the royal administration. They had, indeed, long ceased to be effective for their original purpose; and from the time when their office became a fief they had taken advantage of their position to pillage and suppress those whom it was their function to defend. The medieval records, not in France only, are full of complaints by abbots of their usurpations, exactions and acts of violence.

The German Vogt.

In Germany the title of advocatus ( Vogt) was given not only to the advocati of churches and abbeys, but to the officials appointed, from early in the middle ages, by the emperor to administer their immediate domains, in contradistinction to the counts, who had become hereditary princes of the Empire. The territory so administered was known as Vogtland (terra advocatorum), a name still sometimes employed to designate the strip of country which embraces the principalities of Reuss and adjacent portions of Saxony, Prussia and Bavaria. These imperial advocati tended in their turn to become hereditary. Sometimes the emperor himself assumed the title of Vogt of some particular part of his immediate domain. In the Netherlands as well as in Germany advocati were often appointed in the cities, by the overlord or by the emperor, sometimes to take the place of the bailiff (Ger. Schultheiss, Dutch schout, Lat. scultetus), sometimes alongside this official.

See Du Cange, Glossarium (ed. 1883, Niort), s. ``Advocati''; A. Luchaire, Manuel des institutions francaises (Paris, 1892); Herzog Hauck, Realencyklopadie (ed. Leipzig, 1896), s. ``Advocatus ecclesiae,'' where further references will be found.

ADVOCATES, FACULTY OF, the collective term by which what in England are called barristers are known in Scotland. They professionally attend the supreme courts in Edinburgh; but they are privileged to plead in any cause before the inferior courts, where counsel are not excluded by statute. They may act in cases of appeal before the House of Lords; and in some of the British colonies, where the civil law is in force, it is customary for those who practise as barristers to pass as advocates in Scotland. This body has existed by immemorial custom. Its privileges are constitutional, and are founded on no statute or charter of incorporation. The body formed itself gradually, from time to time, on the model of the French corporations of avocats, appointing like them by a general vote, a dean or doyen, who is their principal officer. It also differs from the English and Irish societies in that there is no governing body similar to the benchers, nor is there any resemblance to the quasi-collegiate discipline and the usages and customs prevailing in an inn of court. No curriculum of study, residence or professional training was, until 1856, required on entering this profession; but the faculty have always had the power, believed to be liable to control by the Court of Session, of rejecting any candidate for admission. The candidate undergoes two private examinations --the one in general scholarship, in lieu of which, however, he may produce evidence of his having graduated as master of arts in a Scottish university, or obtained an equivalent degree in an English or foreign university; and the other, at the interval of a year, in Roman, private international and Scots law, He must, before the latter examination, produce evidence of attendance at classes of Scots law and conveyancing in a Scottish university, and at classes of civil law, public or international law, constitutional law and medical jurisprudence in a Scottish or other approved university. He has then to undergo the old academic form of the public impugnment of a thesis on some title of the pandects; but this ceremony, called the public examination, has degenerated into a mere form. A large proportion of the candidate's entrance fees (amounting to L. 339) is devoted to the magnificent library belonging to the faculty, which literary investigators in Edinburgh find so eminently useful.

ADVOCATUS DIABOLI, devil's advocate, the name popularly given to the promoter of the Faith (promotor fidei), and officer of the Sacred Congregation of Rites at Rome, whose duty is to prepare all possible arguments against the admission of any one to the posthumous honours of beatification and canonization. This functionary is first formally mentioned under Leo X.(1513- 1521) in the proceedings in connexion with the canonization of St Lorenzo Giustiniani. In 1631 Urban VIII. made his presence, either in person or by deputy, necessary for the validity of any act connected with the process of beatification or canonization (see CANONISATION). The phrase, ``devil's advocate,'' has by an easy transference come to be used of any one who puts himself up, or is put up, for the sake of promoting debate, to argue a case in which he does not necessarily believe.

ADVOWSON, or @ADVOWZEN (through O. Fr. advouson, from Lat. advocatio, a summons to), the right of presentation to a vacant ecclesiastical benefice, so called because the patron defends or advocates the claims of the person whom he presents. At what period the right of advowson arose is uncertain; it was probably the result of gradual growth. The earliest trace of the practice is found in the decree of the council of Orange, A.D. 441, which allowed a bishop, who had built a church in the diocese of another bishop, to nominate the clerk, but not to consecrate the church. The 123rd Novel of Justinian, promulgated about the end of the 5th century, decreed ``that if any man should erect an oratory, and desire to present a clerk thereto by himself or his heirs, if they furnish a competency for his livelihood, and nominate to the bishop such as are worthy, they may be ordained.'' The 57th Novel empowered the bishop to examine them and judge of their qualifications, and, where those were sufficient, obliged him to admit the clerk. In England, for quite two centuries after its conversion, the clergy administered only pro tempore in the parochial churches, receiving their maintenance from the cathedral church, all the appointments within the diocese lying with the bishop. But in order to promote the building and endowment of parochial churches those who had contributed to their erection either by a grant of land, by building or by endowment, became entitled to present a clerk of their own choice to the bishop, who was invested with the revenues derived from such contribution. After the Norman Conquest, when the boundaries between church and state were more clearly marked, it became usual for patrons to appoint to livings not only without the consent, but even against the will, of the bishops.

Advowsons are divided into two kinds, appendant and in gross. Originally the right of nominating1 or presenting was annexed to the person who built or endowed the church, but the right gradually became annexed to the manor in which it was built, for the endowment was considered parcel of the manor, the church being built for the use of the inhabitants, and the tithes of the manor being attached to the church. Consequently where the right of patronage (the right of the patron to present to the bishop the person whom he has nominated to become rector or vicar of the parish to the benefice of which he claims the right of advowson) remains attached to the manor, it is called an advowson appendant, and passes with the estate by inheritance or sale without any special conveyance. But where, as is often the case, the right of presentation has been sold by itself, and so separated from the manor, it is called an advowson in gross. An advowson may also be partly appendant, and partly in gross, e.g. if an owner granted to another every second presentment, the advowson would be appendant for the grantor's turn and in gross for the grantee's.

Advowsons are further distinguished into presentative and collative. In a presentative advowson, the patron presents a clergyman to the bishop, with the petition that he be instituted into the vacant living. The bishop is bound to induct if he find the clergyman canonically qualified, and a refusal on his part is subject to an appeal to an ecclesiastical court either by patron or by presentee. In a collative advowson the bishop is himself the patron, either in his own right or in the right of the proper patron, which has lapsed to him through not being exercised within the statutory period of six months after the vacancy occurred. No petition is necessary in this case, and the bishop is said to collate to the benefice. Before 1898 there were also donative advowsons, but the Benefices Act 1898 made all donations with cure of souls presentative. In a donative advowson, the sovereign, or any subject by special licence from the sovereign, conferred a benefice by a simple letter of gift, without any reference to the bishop, and without presentation and institution. The incumbent of such a living was to a great extent free from the jurisdiction of the bishop, who could only reach him through the action of an ecclesiastical court. The Benefices Act of 1898 did not make any substantial change in the legal character of advowsons, which remain practically the same as before the act. Briefly, it prevents the dealing with the right of presentation as a thing apart from the advowson itself; increases the power of the bishops to refuse the presentation of unfit persons, and removes several abuses which had arisen in the transfer of patronage. Under the previously existing law, simony, or ``the corrupt presentation of any person to an ecclesiastical benefice for gift, money or reward,'' renders the presentation void, and subjects the persons privy or party to it to penalties; a presentation to a vacant benefice cannot be sold, and no clerk in holy orders can purchase for himself a next presentation. An advowson may, however, be sold during a vacancy, though that will not give the right to present to that vacancy; and a clerk may buy an advowson even though it be only an estate for life, and present himself on the next vacancy. Under the Benefices Act, advowsons may not be sold by public auction except in conjunction with landed property adjacent to the benefice; transfers of patronage must be registered in the registry of the diocese, and no such transfers can be made within twelve months after the last admission or institution to the benefice. Restrictions had also been imposed on the transfer of patronage of churches built under the Church Building Acts and New Parishes Acts, and on that of benefices in the gift of the lord chancellor, and sold by him in order to augment others; but agreements may be made as to the patronage of such churches in favour of persons who have contributed to their building or enlargement without being void for simony.

The right of presentation may be exercised by its owner whether he be an infant, executors, trustees, coparceners (who, if they cannot agree, present in turn in order of age) or mortgagee (who must present the nominee of the mortgagor), or a bankrupt (who, although the advowson belongs to his creditors, yet has the right to present to a vacancy). Certain owners of advowsons are temporarily or permanently disabled from exercising the right which devolves upon other persons; and the crown as patron paramount of all benefices can fill all churches not regularly filled by other patrons. It thus presents to all vacancies caused by simoniacal presentations, or by the incumbent having been presented to a bishopric or in benefices belonging to a bishopric when the see is vacant by the bishop's death, translation or deprivation. Where a presentation belongs to a lunatic, the lord chancellor presents for him. Where it belongs to a Roman Catholic the right is exercised in his behalf by the University of Oxford if the benefice be situate south of the river Trent, and by that of Cambridge if it be north of that river. Besides the qualifications required of a presentee by canon law, such as being of the canonical age, and in priest's orders before admission, sufficient learning and proper orthodoxy or morals, the Benefices Act requires that a year shall have elapsed since a transfer of the right of patronage, unless it can be shown that such transfer was not made in view of a probable vacancy; that the presentee has been a deacon for three years; and that he is not unfit for the discharge of his duties by reason of physical or mental infirmity or incapacity, grave pecuniary embarrassment, grave misconduct or neglect of duty in an ecclesiastical office, evil life, or conduct causing grave scandal concerning his moral character since his ordination, or being party to an illegal agreement with regard to the presentation; that notice of the presentation has been given to the parish of the benefice. Except by leave of the bishop or sequestrator, the incumbent of a sequestered benefice cannot be presented. The act also gives to both patron and presentee an alternative mode of appeal against a bishop's refusal to institute or admit, except on a ground of doctrine or ritual, to a court composed of an archbishop of the province and a judge of the High Court nominated for that purpose by the lord chancellor, a course which, however, bars resort being had to the ordinary suits of duplex querela or action of quare impedit. In case of refusal of one presentee, a lay patron may present another, and a clerical patron may do so after an unsuccessful appeal against the refusal. Upon institution the church is full against everybody except the crown, and after six months' peaceable possession the clerk is secured in possession of the benefice, even though he may have been presented by a person who is not the proper patron. The true patron can, however, exercise his right to present at the next vacancy, and can reserve the advowson from an usurper at any time within three successive incumbencies so created adversely to his right, or within sixty years. Collation, which otherwise corresponds to institution, does not make the church full, and the true patron can dispossess the clerk at any time, unless he is a patron who collates. Possession of the benefice is completed by induction, which makes the church full against any one, including the crown. If the proper patron fails to exercise his right within six calendar months from the vacancy, the right devolves or lapses to the next superior patron, e.g. from an ordinary patron to the bishop, and if he makes similar default to the archbishop, and from him on similar default to the crown. If a bishopric becomes vacant after a lapse has accrued to it, it goes to the metropolitan; but in case of a vacancy of a benefice during the vacancy of the see the crown presents. Until the right of presentation so accruing to a bishop or archbishop is exercised, the patron can still effectually present but not if lapse has gone to the crown.

(See also BBNEFICE; GLEBE; INCUMBENT; VICAR.)

AUTHORITIES.---Burn, Ecclesiastical Law; Bingham's Origines Ecclesiasticae, or, the Antiquities of the English Church; Mirehouse, On Advowson; Phillimore, Ecclesiastical Law.

1 The distinction between nomination to a living and presentation is to be noted. Nomination is the power, by virtue of a manor or otherwise, to appoint a clerk to the patron of a benefice, to be by him presented to the ordinary. Presentation is the act of a patron in offering his clerk to the bishop, to be instituted in a benefice of his gift. Nomination and presentation, though generally used in law lor the same thing must be so distinguishnd, for it is possible that the rights of nomination may be in one person, and the rights of presentation in another.

ADYE, SIR JOHN MILLER (1819-1900), British general, son of Major James P. Adye, was born at Sevenoaks, Kent, on the 1st of November 1819. He entered the Royal Artillery in 1836, was promoted captain in 1846, and served throughout the Crimean War as brigade-major and assistant adjutant-general of artillery (C.B., brevets of major and lieutenant-colonel). In the Indian Mutiny he served on the staff in a similar capacity. Promoted brevet-colonel in 1860, he was specially employed in 1863 in the N.W. frontier of India campaign, and was deputy adjutant-general, Bengal, from 1863 to 1866, when he returned home. From 1870 to 1875 Adye was director of artillery and stores at the War Office. He was made a K.C.B. in 1873, and was promoted to be major-general and appointed governor of the Royal Military Academy, Woolwich, in 1875, and survey or general of the ordnance in 1880. In 1882 he was chief of staff and second in command of the expedition to Egypt, and served throughout the campaign (G.C.B. and thanks of parliament). He held the government of Gibraltar from 1883 to 1886. Promoted lieutenant-general in 1879, general and colonel commandant of the Royal Artillery in 1884, he retired in 1886. He unsuccessfully contested Bath in the Liberal interest in 1892. He died on the 26th of August 1900. He was author of A Review of The Crimean War; The Defense of Cawnpore; A Frontier Campaign in Afghanistan; Recollections of a Military Life; and Indian Frontier Policy.

ADYTUM, the Latinized form of aduton (not to be entered), the innermost sanctuary in ancient temples, access to which was forbidden to all but the officiating priests. The most famous adytum in Greece was in the temple of Apollo at Delphi.

ADZE (from the Old Eng. adesa, of which the origin is unknown), a tool used for cutting and planing. It is somewhat like an axe reversed, the edge or the blade curving inward and placed at right angles to the handle. This shape is most suitable for planing uneven timber, as inequalities are ``hooked off'' by the curved blade. (See TOOLS.)

AEACUS, in Greek legend, ancestor of the Aeacidae, was the son of Zeus and Aegina, daughter of the river-god Asopus. His mother was carried off by Zeus to the island of Oenone, which was afterwards called by her name. The island having been depopulated by a pestilence, Zeus changed the ants upon it into human beings (Ovid, Met. vii. 520), who were called Myrmidones (murmekes = ants) . Aeacus ruled over his people with such justice and impartiality that after his death he was made judge of the lower world together with Minos and Rhadamanthus. By his wife Endeis he was the father of Telamon and Peleus. His successful prayer to Zeus for rain at a time of drought (Isocrates, Evagoras, 14) was commemorated by a temple at Aegina (Pausanias ii. 29). He himself erected a temple to Zeus Panhellenios and helped Poseidon and Apollo to build the walls of Troy. See Hutchinson, Aeacus, 1901.

AECLANUM, an ancient town of Samnium, Italy, 15 m. E.S.E. of Beneventum, on the Via Appia (near the modern Mirabella). It became the chief town of the Hirpini after Beneventum had become a Roman colony. Sulla captured it in 89 B.C. by setting on fire the wooden breastwork by which it was defended, and new fortifications were erected. Hadrian, who repaired the Via Appia from Beneventum to this point, made it a colony; it has ruins of the city walls, of an aqueduct, baths and an amphitheatre; nearly 400 inscriptions have also been discovered. Two different routes to Apulia diverged at this point, one (Via Aurelia Aeclanensis) leading through the modern Ariano to Herdoniae, the other (the Via Appia of the Empire) passing the Lacus Ampsanctus and going on to Aquilonia and Venusia; while the road from Aeclanum to Abellinum (mod. Avellini) may also follow an ancient line. H. Nissen (Italische Landes kunde, Berlin, 1902,