914

Penalty.

Safeguards
to traders.
Inconsider-
able
variation.

Deficiency
due to
bond fide
mistake cr
accident.

Deficiency
due to
nnavoidable
evaporation
or drainage.

Defendant
who
purchased
article
entitled to
rely on
warranty

given him by

the vendor.

Ch. 31. No. 15.] Weights and Measures.

53. Any person who contravenes the provisions of section
51 shall be liable to a fine in the case of a first offence of
twenty-four dollars, and in the case of any subsequent
offence of two hundred and forty dollars.

54. In any proceedings under this Ordinance—

(a) in respect of an alleged deficiency of weight or
measure of any pre-packed article, the court shall
disregard any inconsiderable variation in the weight
or measure of a single article, and shall have regard to
the average weight or measure of a reasonable number
of other articles of the same kind (if any) sold or de-
livered by the defendant, or in his possession for the
purpose of sale or delivery, on the same occasion and
generally to all the circumstances of the case;

(b) in respect of an alleged deficiency of weight or
measure or number, if the defendant proves to the
satisfaction of the court that such deficiency was due
to a bond fide mistake or accident, or other causes
beyond his control, and in spite of all reasonable
precautions being taken and all due diligence exercised
by the said defendant to prevent the occurrence of such
deficiency, or was due to the action of some person
over whom the defendant had no control the defendant
shall be discharged from the prosecution ;

(c) in respect of an alleged deficiency in the weight of
any article delivered to a purchaser, the defendant shall
be discharged from the prosecution if he proves to the
satisfaction of the court that the alleged deficiency was
due to unavoidable evaporation or drainage and that
due care and precaution has been taken to avoid
such deficiency.

55. (1) If in any proceedings under this Ordinance in
respect of any pre-packed article the defendant proves that
he purchased the article in the wrapper or container in
which he sold it or had it in his possession for the purpose
of sale and with a written warranty of the weight or measure
or number of the article, and that he had no reason to believe,
at the time when he sold it or had it in his possession for the
purposes of sale, that the article or its wrapper or container