Adulterated Food and Drugs.
[CAP. 132
written
good defence.
21. (1) Subject to the provisions hereinafter in this Reliance on section contained it shall be a good defence in any prosecution for an offence under section 10 if the defendant proves that he purchased the article sold by him in reliance on a written warranty or other written statement as to the nature of the articles purchased, signed by or on behalf of the person from whom the defendant purchased the same, and that, if the article had truly conformed to such warranty or statement, the sale of the article by the defendant would not have constituted the offence charged against him.
(2) No warranty or other written statement given or made by a person resident outside the Colony shall be any defence under this section unless the defendant proves that he had taken reasonable steps to ascertain and did in fact believe in the truth of the matters set forth in such warranty or statement.
(3) No warranty or other written statement shall be any defence under this section if it is proved that the defendant knew or had reason to suspect that the article sold did not conform to such warranty or statement.
(4) No warranty or other written statement shall be any defence in any prosecution unless the defendant has within seven days after service of the summons delivered to the prosecutor a copy of such warranty or statement with a written notice stating that he intends to rely thereon and specifying the name and address of the person from whom he received it, and has also within the same time sent by registered post a like notice of his intention to such person.
(5) When the defendant is a servant or agent of the person who purchased the article under such a warranty or written statement, he shall be entitled to the benefit of this section in the same manner and to the same extent as his employer or principal would have been if he had been the defendant, unless it is proved that the servant or agent knew or had reason to suspect that the article did not conform to the warranty or statement.
certificate
22. (1) A certificate of analysis purporting to be Analyst's under the hand of an analyst shall, on production thereof to be by the prosecutor, be sufficient evidence of the facts stated evidence. therein unless the defendant requires that the analyst be
prima facie
13
Adulterated Food and Drugs.
[CAP. 132
written
good defence.
21. (1) Subject to the provisions hereinafter in this Reliance on section contained it shall be a good defence in any prosecu- warranty a tion for an offence under section 10 if the defendant proves that he purchased the article sold by him in reliance on a written warranty or other written statement as to the nature of the articles purchased, signed by or on behalf of the person from whom the defendant purchased the same, and that, if the article had truly conformed to such warranty or statement, the sale of the article by the defendant would not have constituted the offence charged against him.
(2) No warranty or other written statement given or made by a person resident outside the Colony shall be any defence under this section unless the defendant proves that he had taken reasonable steps to ascertain and did in fact believe in the truth of the matters set forth in such warranty
or statement.
(3) No warranty or other written statement shall be any defence under this section if it is proved that the defen- dant knew or had reason to suspect that the article sold did not conform to such warranty or statement.
(4) No warranty or other written statement shall be any defence in any prosecution unless the defendant has within seven days after service of the summons delivered to the prosecutor a copy of such warranty or statement with a written notice stating that he intends to rely thereon and specifying the name and address of the person from whom he received it, and has also within the same time sent by registered post a like notice of his intention to such person.
(5) When the defendant is a servant or agent of the person who purchased the article under such a warranty or written statement, he shall be entitled to the benefit of this section in the same manner and to the same extent as his employer or principal would have been if he had been the defendant, unless it is proved that the servant or agent knew or had reason to suspect that the article did not conform to the warranty or statement.
certificate
22. (1) A certificate of analysis purporting to be Analyst's under the hand of an analyst shall, on production thereof to be by the prosecutor, be sufficient evidence of the facts stated evidence. therein unless the defendant requires that the analyst be
prima facie
13
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