564 ORDINANCE No. 8 OF 1863.
Fraudulent Marking of Merchandise.
offered , or exposed for sale or other purpose as aforesaid , and a further
sum not exceeding fifty dollars and not less than five dollars.
Additions to 5. Every addition to and every alteration of, and also every imita
and altera
tions of trade tion of any trade mark which shall be made, applied , or used with intent
marks made
with intent to defraud, or to enable any other person to defraud , or which shall cause
to defraud to
be deemed a trade mark with such alteration or addition , or shall cause such imita
forgeries.
tion of a trade mark to resemble any genuine trade mark so or in such
manner as to be calculated or likely to deceive, shall be and be deemed
to be a false, forged , and counterfeited trade mark within the meaning of
this Ordinance ; and every act of making, applying, or otherwise using
any such addition to or alteration of a trade mark or any such imitation
of a trade mark as aforesaid done by any person with intent to defraud ,
or to enable any other person to defraud , shall be and be deemed to be
forging and counterfeiting a trade mark within the meaning of this
Ordinance .
Any person 6. Where any person who, at any time after the thirty-first day of
who, after
31st March March one thousand eight hundred and sixty-four, shall have sold ,
1864, shall
have sold an uttered, or exposed for sale or other purpose as aforesaid , or shall have
article having
a false trade caused or procured to be sold , uttered , or exposed for sale or other
mark to be
bound to give purpose as aforesaid , any chattel or article, together with any forged or
information
where he pro counterfeited trade mark , or together with the trade mark of any other
cured it;
person used without lawful authority or excuse as aforesaid, and that
whether any such trade mark, or such forged or counterfeited trade mark
as aforesaid , be in , upon , about, or with such chattel or article, or in ,
upon, about, or with any cask, bottle, stopper, vessel , case, cover, wrapper,
band , reel, ticket, label , or other thing in, upon, about , or with which
such chattel , or article shall have been sold or exposed for sale , such
person shall be bound upon demand in writing delivered to him or left.
for him at his last known dwelling house or at the place of sale or ex
posure for sale by or on the behalf of any person whose trade mark shall
have been so forged or counterfeited , or used without lawful authority
or excuse as aforesaid , to give to the person requiring the same, or his
attorney or agent, within forty -eight hours after such demand , full infor
mation in writing, verified by affidavit or declaration according to the law
Power to of this Colony made before a Police Magistrate, of the name and address
Police Magis
trate to sum of the person from whom he shall have purchased or obtained such chattel
mon parties
refusing to or article , and of the time when he obtained the same ; and it shall be
give informa
tion. lawful for any Police Magistrate, on information on oath of such demand