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THE HONGKONG GOVERNMENT GAZETTE, 26тH DECEMBER, 1863.
Court; and every such Suit at Law or in Equity it shall be lawful for the Court or the Judge thereof to make such Order as such Court or Judge shall think fit for the Inspection of every or any Manufacture or Process carried on by the Defendant in which any such forged or counterfeit Trade Mark, or any such Trade Mark as aforesaid, shall be alleged to be used or applied as aforesaid, and of every or any Chattel, Article,. and Thing in the Possession or Power of the Defendant alleged to have thereon or in any way attached thereto any forged or-counterfeit Trade Mark, or any Trade Mark falsely or wrongfully applied, and every or any Instrument in the Possession or Power of the Defendant used or intended to be or capable of being used for producing or making any forged or counterfeit, Trade Mark, or Trade Mark alleged to be forged or counterfeit, or for falsely or wrongfully applying any Trade Mark; and any Person. who shall refuse or neglect to obey any such Order shall be guilty of a Contempt of Court.
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by Forgeries may re-
XXII. In every Case in which any Person shall do or cause to be done any of Persons aggrieved the wrongful Acts following; (that is to say,) shall forge or counterfeit any Trade cover Damages against Mark; or for the Purpose of Sale, or for the Purpose of any Manufacture or Trade, the guilty Parties. shall apply any forged or counterfeit Trade Mark to any Chattel or Article, or to any Cask, Bottle, Stopper, Vessel, Case, Cover, Wrapper, Band, Reel, Ticket, Label, or Thing in or with which any Chattel or Article shall be intended to be sold or shall be sold or uttered or exposed for Sale, or for any Purpose of Trade or Manufacture; or shall inclose or place any Chattel cr Article in, upon, under, or with any Cask, Bottle,' Stopper, Vessel, Case, Cover, Wrapper, Band, Reel, Ticket, Label, or other Thing to which any Trade Mark shall have been falsely applied, or to which any forged or coun- any Chattel or terfeit Trade Mark shall have been applied; or shall apply or attach to Article, any Case, Cover, Reel, Wrapper, Band, Ticket, Label, or other Thing to which any Trade Mark shall have been falsely applied, or to which any forged or counterfeit Trade Mark shall have been applied; or shall inclose, place, or attach any Chattel or Article in, upon, under, with, or to any Cask, Bottle, Stopper, Vessel, Case, Cover, Reel, Wrapper, Band, Ticket, Label, or other Thing having thereon any Trade Mark of any other Person; every Person aggrieved by any such wrongful Act shall be en- titled to maintain an Action or Suit for Damages in respect thereof against the Person 'who shall be guilty of having done such Act or causing or procuring the same to he done, and for preventing the Repetition or Continuance of the wrongful Act, and the Committal of any similar Act.
XXIII. In every Action which any Person shall under the Provisions of this Or- dinance commence as Plaintiff for or on behalf of Her Majesty for recovering any Penalty or Sum of Money, if the Defendant shall obtain Judgment, he shall be entitled to recover his Costs of Suit, which shall include a full indemnity for all the Costs, Charges, and Expenses by him expended or incurred in, about, or for the Purposes of the Action, unless the Court or à Judge thereof shall direct that Costs of the ordinary Amount only shall be allowed.
a Verdict to have full
Defendant obtaining Indemnity for Costs..
A Plaintiff'suing for a Penalty may be tom-
XXIV. In Action which any Person shall, under the Provisions of this Ordi-
any nance, commence as Plaintiff for or on behalf of Her Majesty for recovering any Penalty or pelled to give Security Sum of Money, if it shall be shown to the Satisfaction of the Court or the Judge thereof for Costs. that the Person suing as Plaintiff for or on behalf of Her Majesty has no Ground for alleging that he has been aggrieved by the committing of the alleged Offence in respect of which the Penalty or Sum of Money is alleged to have become payable, and also that the Person so suing as Plaintiff is not resident within the Jurisdiction of the Court, or not a Person of sufficient Property to be able to pay any Costs which the Defendant may recover in the Action, the Court or Judge shall. or may order that the Plaintiff shall give Security by the Bond or Recognizance of himself and a Surety, or by the Deposit of a Sum of Money, or otherwise, as the Court or Judge shall think fit, for the Payment to the Defendant of any Costs which he may be entitled to recover'in the Action.
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XXV. Nothing in this Ordinance contained shall be construed to affect the Rights Act not to affect the and Privileges of the Corporation of Cutlers of the Liberty of Hallamshire in the County Corporation of Cutlers of York, nor shall anything in this Ordinance contained be construed in any way to to repeal 59 G. 3 c. 7. repeal or make void within this Colony any of the Provisions contained in the Fifty- ninth George Third, Chapter Seven, intituled "An Act to regulate the Cutlery Trade in
England."
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