MERCHANDISE MARKS.
No. 4 of 1890.
335
defence or prosecution. 50 & 51 Vict.
12. On any prosecution under this Ordinance, the court or magistrate may order costs to be paid to the defendant by the prosecutor or to the prosecutor by the defendant, having regard to the information given by and the conduct of the defendant and prosecutor respectively.
c. 28, s. 14.
13. No prosecution for an offence against this Ordinance shall be commenced after the expiration of three years next after the commission of the offence, or one year next after the first discovery thereof by the prosecutor, whichever expiration first happens.
50 & 51 Vict. c. 28, s. 15.
14. Whereas it is expedient to make further provision for prohibiting the importation of goods which, if sold, would be liable to forfeiture under this Ordinance :—
(1) all such goods, and also all goods of foreign manufacture bearing any name or trade mark being or purporting to be the name or trade mark of any manufacturer, dealer, or trader in the United Kingdom, unless such name or trade mark is accompanied by a definite indication of the country in which the goods were made or produced, are hereby prohibited to be imported into the Colony, and if any such goods are imported or brought into the Colony contrary to the prohibition herein contained, such goods shall be forfeited and may be destroyed or otherwise disposed of as the Superintendent of Imports and Exports may direct;
(2) before detaining any such goods, or taking any further proceedings with a view to the forfeiture thereof under this Ordinance, the Superintendent of Imports and Exports may require the regulations under this section, whether as information, security, conditions, or other matters, to be complied with, and may satisfy himself in accordance with those regulations that the goods are such as are prohibited by this section to be imported;
Prohibition of importation of goods liable to forfeiture.
50 & 51 Vict. c. 28, s. 16.
1 & 2 Geo. 5, c. 31, ss.
(3) (a) where any such goods bearing any such name or trade mark as aforesaid are imported into the Colony, and the Superintendent of Imports and Exports is, upon representations made to him, satisfied that the use of the name or trade mark is fraudulent, the Superintendent of Imports and Exports may
* As amended by No. 38 of 1934 [9.11.34] and Law Rev. Ord., 1937.