934

Implied
warranty
sale of
marked
goods,

Provisions
as to false
deseription

not to apply

in certam
case,

Savings [or
rights of
action.

Discovery

Servant
bond fide
acting.

Ch. 31. No. 17.1 Merchandise Marks.

14. On the sale or in the contract for the sale of any goods
to which «© trade mark, or mark, or trade description has
been applied, the vendor shall be deemed to warrant that
the mark is a genuine trade mark and not forged or falsely
applied, or that the trade deseription is not a false trade
description within the meaning of this Ordinance, unless the
contrary is expressed in some writing signed by or on behalf
of the vendor and delivered at the time of the sale or
contract to and accepted by the purchaser,

15. Where a trade description is lawfully and generally
applied to goods of a particular class, or manufactured by
a particular method, to indicate the particular class or
method of manufacture of such goods, the provisions of this
Ordinance with respect to false trade descriptions shall not
apply to such trade description when so applied: Provided
that where such trade description includes the name of a
place or country, and is calculated to mislead as to the place
or country where the goods to which it is apphed were
actually made or produced, and the goods are not actually
made or g4.adaced in that place or country, this section shall
not apply unless there is added to the trade description,
immediately before or after the name of that place or
country, in an equally conspicuous manner with that name,
the name of the place or country in which the goods were
actually made or produced, with a statement that they were
made or produced there.

16. (1) This Ordinance shall not exempt any person from
any action, suit, or other proceeding which might, but for
the provisions of this Ordinance, be brought against him.

(2) Nothing in this Ordinance shall entitle any person
to refuse to make a complete discovery, or to answer any
question or interrogatory in any action, but such discovery
or answer shall not be admissible in evidence against such
person in any prosecution for an offence against this
Ordinance.

(3) Nothing in this Ordinance shall be construed so as
to render liable to any prosecution or punishment any
servant of a master resident in the Colony who bond fide acts
in obedience to the instructions of such master, and, on