A.D. 1890.]

MERCHANDISE MARKS.

[No. 4.

793

examined, in like manner as any other witness; and,

(2.) in the case of imported goods, evidence of the port of shipment shall be primâ facie evidence of the place or country in which the goods were made or produced.

of necessity.

11.

10: Every person who, being within the Colony, procures, counsels, aids, abets, or is accessory to the commission, without the Colony, of any act, which, if committed in the Colony, would under this Ordinance be a misdemeanor shall be guilty of that misdemeanor as a principal, and be liable to be proceeded against, tried, and convicted in the Colony as if the misdemeanor had been there committed.

Proceedings on search warrant.

12.

11.-(1.) Where, on any information or complaint laid for an offence against this Ordinance, a Magistrate has issued either a summons requiring the defendant charged by such information or complaint to appear to answer to the same, or has issued a warrant for the arrest of such defendant, and either the said Magistrate or any other Magistrate, on or after issuing the summons or warrant, is satisfied by information upon oath that there is reasonable cause to suspect that any goods or things by means of or in relation to which such offence has been committed are in any house or premises of the defendant, or otherwise in his possession or under his control in any place, such Magistrate may issue a warrant under his hand, by virtue of which it shall be lawful for any constable or peace officer named or referred to in the warrant to enter such house, premises, or place at any reasonable time by day, and to search therefor and seize and take away those goods or things; and any goods or things seized under any such warrant shall be brought before a Magistrate for the purpose of its being determined whether the same are or are not liable to forfeiture under this Ordinance.

(2.) If the owner of any goods or things which, if the owner thereof had been convicted, would be liable to forfeiture under this Ordinance be unknown or cannot be found, an information or complaint may be made for the purpose only of enforcing such forfeiture, and a Magistrate may cause notice to be advertised stating that, unless cause is shown to the contrary at the time and place named in the notice, such goods or things will be forfeited; and at such time and place the Magistrate, unless the owner or any person on his behalf, or other person interested in the goods or things, shows cause to the contrary, may order such goods or things or any of them to be forfeited.

(3.) Any goods or things forfeited under this section, or under any other provision of this Ordinance, may be destroyed or otherwise disposed of in such manner as the Court or Magistrate by which or whom the same are forfeited may direct; and the Court or Magistrate may, out of any proceeds which may be realized by the disposition of such

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