[XLIX]
purpose of analysis, not being more than shall be reasonably requisite, and the person exposing the same for sale shall refuse to sell the same to such inspector or constable, such person shall be liable, upon summary conviction before a Magistrate, to a fine not exceeding one hundred dollars, and in default of payment of the said fine to imprisonment for a period not exceeding two months with or without hard labour.
16. The certificate of the analysis shall be in the form set forth in the schedule to this Ordinance or to the like effect.
17. The Government analyst and every analyst appointed by the Governor for the purposes of this Ordinance shall report quarterly to the Colonial Secretary and to the Secretary to the Sanitary Board the number of articles analysed by him under this Ordinance, and shall specify the result of every analysis, and such report shall be published by the Colonial Secretary in the Government Gazette.
18. When the analyst having analysed any article shall have given his certificate of the result, from which it may appear that an offence against some one of the provisions of this Ordinance has been committed, the person causing the analysis to be made or if such person reglects to do so the Secretary to the Sauitary Board may take summary proceedings before a Magistrate in respect of such offence.
19. At the hearing of the charge in such proceeding the production of the certificate of the analyst shall be sufficient evidence of the facts therein stated, unless the defendant shall require that the analyst shall be called as a witness, and the parts of the articles retained by the person who purchased the article shall be produced, and the defendant way, if he think fit, tender himself and his wife to be examined on his behalf, and he or she shall, if he so desire, be examined accordingly,
20. The Magistrate before whom any complaint may be made under this Ordinance, or the Court before whom any case may be reheard, may, upon the request of either party, in his or its discretion cause any article of food or drug to be sent for analysis either to the Government analyst or to some analyst appointed by the Governor for the purposes of this Ordinance, and such analyst shall thereupon give a certificate to such Magistrate or Court of the result of such analysis: and the expense of such analysis shall be paid by the complainant or the defendant as the Magistrate or Court may by order direct.
21. In any prosecution under this Ordinance, when the fact of an article having been sold in a mixed state has been proved, if the defendant shall desire to rely upon any exception or provision contained in this Ordinance, it shall be incumbent upon bim to prove the same. 22. If the defeudant iu any prosecution under this Ordinance prove to the satisfaction of the Magistrate or Court that he had purchased the article in question as the same in nature, substance, and quality as that demanded of him by the prosecutor, and with a written warranty to that effect, that he had no reason to believe at the time when he sold it that the article was otherwise, and that he sold it in the same state as when he purchased it, he shall be discharged from the prosecution.
23. Any person who sball forge, or shall utter knowing it to be forged for the purposes of this Ordinance, any certificate or any writing purporting to contain a warranty, shall be guilty of a misdemeanour and shall be punishable on conviction before the Supreme Court by imprisonment for a period not exceeding two years with or without hard labour.
Every person who shall wilfully apply to an article of food, or a drug, in any proceedings under this Ordinance, a certificate of warranty given in relation to any other article or drug, shall be guilty of an offence under this Ordinance, and be liable, upon summary conviction before a Magistrate, to a fine not exceeding two hundred dollars and in default of payment thereof to imprisonment for a period not exceeding three months with or without hard labour.
Every person who shall give a false warranty in writing to any purchaser in respect of an article of food or a drug sold by him as principal or agent, shall be guilty of an offence under this Ordinance, and be liable, on summary conviction before a Magistrate, to a fine not exceeding two hundred dollars and in default of payment thereof to imprisonment for a period not exceeding three months with or without hard labour.
Every person who shall wilfully gire a label with any article sold by him, which shall falsely describe the article sold, shall be guilty of an offence against this Ordinance and be liable, upon summary conviction before a Magistrate, to a fine not exceeding two hundred dollars and in default of payment thereof to imprisonment for a period not exceeding three anouths with or without hard labour.
From of the certificate. (Itid, s. 19.)
Quarterly report of analyst. (Ibid, s. 19.)
Proceedings
auins Difenders
(Fiel, s. 20, 1
Certificate of analyst to ba prima facic evidence for the prosecu- tion, bur Koulyst to bu called if required. (That, », 21, }
Power to Cours or Magistrate
to have article of foodi er drug analysed. (Foul, x. 22.)
In any prose- cution <defendant to prove that ha
is protected by exception or provision. (Ibid, s. 24.) Defendant t be discharged if he prove that he bought the article in the same state as sold an with a warranty. (Ibid, s. 25.)
Punishment for forging certificate or warranty. (Ibid, s. 2.)
For wilful misapplies- tion of Warranty;
For false warrauly;
For false
label: