566 ORDINANCE No. 8 OF 1863 .
Fraudulent Marking of Merchandise.
not more than
$50 or less any cask, bottle, stopper, vessel, case, cover, wrapper, band , reel , ticket,
than $5. label, or other thing together with which such chattel or article shall be
sold or uttered or exposed for sale or other purpose as aforesaid , shall
have been so put, or upon any case, frame, or other thing used or em
ployed to expose or exhibit such chattel or article for sale shall have been
so put, any false description , statement, or other indication of or respect
ing the number, quantity, measure, or weight of such chattel or article
or any part thereof, or the place or country in which such chattel or
article shall have been made, manufactured or produced, shall for every
such offence forfeit and pay to Her Majesty a sum not exceeding fifty
dollars and not less than five dollars .
Proviso that 9. Provided always, that the provisions of this Ordinance shall not
it shall not be
an offence to be construed so as to make it any offence for any person to apply to any
apply names
or words chattel or article, or to any cask, bottle, stopper, vessel , case , cover,
known to be
used for in wrapper, band, reel, ticket, label , or other thing with which such chattel
dicating par
ticular classes or article shall be sold or intended to be sold , any name , word , or
of manufac
tures. expression generally used for indicating such chattel or article to be of
some particular class or description of manufacture only, or so as to make
it any offence for any person to sell, utter , or offer or expose for sale any
chattel or article to which , or to any cask, bottle, stopper, vessel , case,
cover, wrapper, band , reel, ticket , label, or other thing sold therewith,
any such generally used name, word , or expression as aforesaid shall
have been applied .
Description of 10. In every indictment, information , pleading, proceeding, and
trade marks
and forged document whatsoever in which any trade mark shall be intended to be
trade marks
in indict mentioned it shall be sufficient to mention or state the same to be a trade
ments , &c.
mark without further or otherwise describing such trade mark, or setting
forth any copy or fac-simile thereof ; and in every indictment, information,
pleading, proceeding, and document whatsoever in which it shall be
intended to mention any forged or counterfeit trade mark it shall be
sufficient to mention or state the same to be a forged or counterfeit trade
mark without further or otherwise describing such forged or counterfeit
trade mark, or setting forth any copy or fac- simile thereof.
Conviction 11. The provisions in this Ordinance contained of or concerning any
not to affect
any right or act, or any proceeding , judgment, or conviction for any act hereby
civil remedy .
declared to be a misdemeanor or offence , shall not nor shall any of them
take away, diminish , or prejudicially affect any suit, process , proceeding,
right, or remedy which any person aggrieved by such act may be entitled