916

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

 

Statement
on wrapper
or in invoice
deemed a
written
warranty.

Invoice a
sufficient
warranty.

Employer
charged
entitled to
have rcal
offender
brought
before the
court.

Limitation.

 

hundred and eighty dollars, unless he proves to the satis-
faction of the court that when he gave the warranty he had
reason to believe that the statements or descriptions
contained therein were true.

(8) For the purposes of the foregoing provisions a
statement on any container or any wrapper, band or label
affixed thereto or delivered therewith or a statement
contained in an invoice, shall be deemed to be a written
warranty.

(9) An invoice describing the weight or measure or
number of the article shall be a sufficient warranty notwith-
standing that it contains no words or express warranty or
was delivered after the purchase of the article.

56. Where an employer or principal is charged with an
offence under section 51, he shall be entitled on information
duly laid by him, and on giving not less than three days’
notice of his intention to the prosecution, to have any other
person whom he charges as the actual offender brought
before the court at the time appointed for hearing the charge,
and, if after the commission of the offence has been proved,
the employer or principal proves to the satisfaction of the
court that he had used due diligence to enforce the execution
of this Ordinance and that the said other person had
committed the offence in question without his consent,
connivance or wilful default, the said other person shall be
summarily convicted of the offence and the employer or
principal shall be exempt from any penalty:

Provided that the prosecution shall have in any such
case the right to cross-examine the employer or principal
if he gives evidence and any witnesses called by him in
support of his charge and to call rebutting evidence.

The person so convicted shall, in the discretion of the
court, be also liable to pay any costs incidental to the
proceedings.

57. A prosecution in respect of an offence by a retailer
under section 51, shall not be instituted after the expiration
of twenty-eight days from the time when the offence was
committed, nor unless either notice was given to the
defendant on the day of the commission of the alleged offence