CAP. 41]
[s. 14 cont.]
Implied warranty on sale of marked goods.
c. 28, s. 17. Merchandise Marks.
expenses and damages incurred in respect of any detention made on his information, and any proceedings consequent on such detention.
15. On the sale or in the contract for the sale of any goods to which a 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 description 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 vendee.
Provisions of the Ordinance as to false description not to apply in certain cases.
c. 28, s. 18.
16. Where, at the commencement of this Ordinance, 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 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 applied were actually made or produced, and the goods are not actually made or produced 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.
Savings.
50 & 51 Vict. c. 28, s. 19.
17. (1) This Ordinance shall not exempt any person from any action 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
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