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

915

 

did not comply with the provisions of this Ordinance, he
shall be entitled to be discharged from the prosecution.

(2) A warranty shall not be available as a defence
to any proceedings under this Ordinance unless the defendant
has, within seven days after service of the summons, sent
to the prosecutor a copy of such warranty with a written
notice stating that he intends to rely on the warranty and
specifying the name and address of the person from whom
he received it, and has also sent a like notice of his intention
to such person.

(3) The person by whom such warranty is alleged to
have been given shall be entitled to appear at the hearing
and to give evidence, and the court may, if it thinks fit,
adjourn the hearing to enable him to do so.

(4) A warranty given by a person resident outside the
Colony shall not be available as a defence to any proceeding
under this Ordinance, unless the defendant proves that he
had taken reasonable steps to ascertain, and did in fact
believe in, the accuracy of the statement contained in the
warranty.

(5) Where the defendant is a servant of the person to
whom a warranty was given, he shall, subject to the pro-
visions hereof, be entitled to rely on the defence hereby
allowed in the same way as his employer or master would
have been entitled to do if he had been the defendant,
provided that the servant further proves that he had no
reason to believe that the pre-packed article did not comply
with the provisions of this Ordinance.

(6) Where the defendant in a prosecution under this
Ordinance has been discharged under the provisions of this
section, any proceedings for giving the warranty relied on by
the defendant in such prosecution may be taken as well
before a court having jurisdiction in the place where the
contravention of this Ordinance took place, as before a
court having jurisdiction in the place where the warranty
was given.

(7) Every person who in respect of the weight,
measure or number of any article sold by him as principal
or agent, gives to the purchaser a false warranty in writing,
shall be liable for a first offence, to a fine of ninety-six
dollars, and for any subsequent offence to a fine of four

58 (2)

Notice of
intention to
rely on
warranty
to be given
to the
prosecutor
and to the
person who
gave the
warranty.

Giver of
warranty
entitled to
appear

at trial.

Warranty
given by
person out-
side Colony
to be
verified.

Servant
entitled to
rely on same
defence as
employer.

Proceedings
for giving of
warranty.

Penalty
for false
warrants.