ORDINANCE No. 8 or 1863 . 565
Fraudulent Marking of Merchandise.
and refusal , to summon before him the party refusing, and on being
satisfied that demand so verified as aforesaid ought to be complied with
to order such information to be given within a certain time to be appointed
by him ; and any such party who shall refuse or neglect to comply with Penalty for
refusal $50.
such order shall for every such offence forfeit and pay to Her Majesty
the sum of fifty dollars, and such refusal or neglect shall be primâ facie
evidence that the person so refusing or neglecting had full knowledge
that the trade mark, together with which such chattel or article was sold,
uttered, or exposed for sale or other purpose as aforesaid , at the time of
such selling, uttering, or exposing was a forged, counterfeited, and false
trade mark, or was the trade mark of a person which had been used
without lawful authority or excuse, as the case may be.
7. Every person who, with intent to defraud or to enable another Marking any
false indica
to defraud, shall put or cause or procure to be put upon any chattel or tion of quanti
ty, & c., upon
article , or upon any cask, bottle, stopper , vessel , case, cover, wrapper, an article
with intent
band , reel, ticket , label , or other thing, together with which any chattel to defraud,
penalty a sum
or article shall be intended to be or shall be sold or uttered or exposed for equal to the
value of the
sale, or for any purpose of trade or manufacture, or upon any case, frame, article and the
further sum
or other thing in or by means of which any chattel or article shall be in not exceeding
$50 and not
tended to be or shall be exposed for sale, any false description , statement , or less than $5.
other indication of or respecting the number, quantity, measure, or weight
of such chattel or article , or any part thereof, or of the place or country
in which such chattel or article shall have been made, manufactured , or
produced, or shall put or cause or procure to be put upon any such
chattel or article, cusk, bottle, stopper, vessel , case, cover, wrapper , band,
reel, ticket, label, or thing as aforesaid, any word, letter , figure , signature,
or mark for the purpose of falsely indicating such chattel or article , or
the mode of manufacturing or producing the same, or the ornamentation ,
shape, or configuration thereof, to be the subject of any existing patent ,
privilege, or copyright, shall for every such offence forfeit and pay to Her
Majesty a sum of money equal to the value of the chattel or article so
sold or uttered or exposed for sale, and a further sum not exceeding fifty
dollars and not less than five dollars.
8. Every person who, after the thirty -first day of March one thou Selling or
exposing for
sand eight hundred and sixty- four , shall sell , utter, or expose for sale or sale after the
31st March
for any purpose of trade or manufacture, or shall cause or procure to be 1864 articles
with false
sold , uttered , or exposed for sale or other purpose as aforesaid, any chattel statement of
or article upon which shall have been , to his knowledge , put , or upon quantities,
& c. , penalty
t
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