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THE HONGKONG GOVERNMENT GAZETTE, 26TH DECEMBER, 1863.
any
any
or
of some particular Class or Description of Manufacture only. or so as to make it any
for Sale Person to sell, utter, or offer or expose
Article Chattel Offence for to which, or to any Cask, Bottle, Stopper, Vessel, Case, Cover, Wrapper, Band, 'Reel, Ticket, Label, or other Thing sold therewith, any such generally used Name, Word, or Expression as aforesaid shall have been applied.
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Marks and forged
X. In every Indictment, Information, Pleading, Proceeding, and Document whatso- Description of Trade ever in which
Trade Mark shall be intended to be mentioned it shall be sufficient to Trade Marks in In- any mention or state the same to be a Trade Mark without further or otherwise describing such dictments, &c. Trade Mark, or setting forth any Copy or Fac-simile thereof; and in every Indictment, Information, Pleading, Proceeding, and Document whatsoever in which it shall be in- tended to mention any forged or counterfeit Trade Mark it shall be sufficient to mention or state the same to be a forged or counterfeit Trade Mark without further or otherwise describing such forged or counterfeit Trade Mark, or setting forth any Copy or Fac- simile thereof.
Conviction not to
XI. The Provisions in this Ordinance contained of or concerning any Act, or any Proceeding, Judgment, or Conviction for any Act hereby declared to be a Misdemeanor affect any Right or or Offence, shall not nor shali any of them take away, diminish, or prejudicially affect any Suit, Process, Proceeding, Right, or Remedy which any Person aggrieved by such Act may be entitled to at Law, in Equity, or otherwise, and shall not nor shall any of them exempt or excuse any Person from answering or making Discovery upon Exami-• nation as a Witness or upon Interrogatories, or otherwise, in any Suit or other Civil Proceeding: Provided always, that no Evidence, Statement, or Discovery which any Person shall be compelled to give or make shall be admissible in Evidence against such Person in support of any Indictment or Information for a Misdemeanor at Common Law or otherwise, or of any Proceeding under the Provisions of this Ordinance.
Person need not
XII. In every Indictment, Information, Conviction, Pleading, and Proceeding Intent to defraud, against any Person for any Misdemeanor or other Offence against the Provisions of this &c., any particular Ordinance in which it shall be necessary to allege or mention an Intent to defraud, or alleged in an Indict- to enable another to defraud, it shall be sufficient to allege or mention that the Person ment, &c., or proved. accused of having done any Act which is hereby made a Misdemeanor or other Offence dad such Act with Intent to defraud, or with Intent to enable some other Person to defraud, without alleging or mentioning an Intent to defraud any particular Person; and on the Trial of any such Indictment or Information for any such Misdemeanor, and on the Hearing of any Information or Charge of or for any such other Offence as afore- said, and on the Trial of any Action against any Person to recover a Penalty for any such other Offence as aforesaid, it shall not be necessary to prove an Intent to defraud any particular Person, or an Intent to enable any particular Person to defraud any particular Person, but it shall be sufficient to prove with respect to every such Misde- incanor and Offence that the Person accused did the Act charged with Intent to defraud, or with Intent to enable soine other Person to defraud, or with the Intent that any other Person might be enabled to defraud.
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XIII. Every Person who shall aid, abet, counsel, or procure the Commission of any Offence which is by this Ordinance made a Misdemeanor shall also be guilty of Misdemeanor.
Persons who aid in the Commission of a
Misdeamenor to be also guilty. •
Misdemeanor under this Ordinance.
XIV. Every Person who shall be convicted or found guilty of any Offence which Punishment for is by this Ordinance made a Misdemeanor shall be liable, at the Discretion of the Court. and as the Court shall award, to suffer such Punishment by Imprisonment or not more than Two Years, with or without Hard Labour, or by Fine, or both by Imprisonment with or without Hard Labour and Fine, and also by Imprisonment until the Fine (if any) shall have been paid and satisfied.
Recovery of Penal
any Offence' XV. In Every Case in which any Person shall have committed or done or Act whereby he shall have forfeited or become liable to pay to Her Majesty any of ties." the Penalties or Sums of Money mentioned in the Provisions of this Ordinance, every such Penalty or Sum of Money shall or may be recovered in an Action of Debt, which any
Person
may as Plaintiff for and on behalf of Her Majesty commence and every prosecute to Judgment in the Supreme Court of this Colony, and the Amount of such Penalty or Sum of Money to be recovered in any such Action shall or may be determined by the Jury (if any) sworn to try any Issue in such Action, and if there shall be no such Jury then by the Court or some other Jury, as the Court shall think fit, or instead of any such Action being commenced such Penalty or Sum of
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