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ORDINANCE No. 8 OF 1863 . 1
567
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Fraudulent Marking of Merchandise.
to at Law, in Equity , or otherwise, and shall not nor shall any of them
exempt or excuse any person from answering or making discovery upon
examination as a witness or upon interrogatories , or otherwise, in any
suit or other civil proceeding : Provided always , that no evidence, state
ment, or discovery which any person shall be compelled to give or make
shall be admissible in evidence against such person in support of any
indictment or information for a misdemeanor at Common Law or other
wise, or of any proceeding under the provisions of this Ordinance.
12. In every indictment, information , conviction , pleading, and Intent to de
fraud, &c.,
proceeding against any person for any misdemeanor or other offence any particular
person need
against the provisions of this Ordinance in which it shall be necessary to , not be alleged
in an indict
allege or mention an intent to defraud , or to enable another to defraud ment, &c., or
proved.
it shall be sufficient to allege or mention that the person accused of having
done any act which is hereby made a misdemeanor or other offence did
such act with intent to defraud, or with intent to enable some other
person to defraud, without alleging or mentioning an intent to defraud
any particular person ; and on the trial of any such indictment or inform
ation for any such misdemeanor , and on the hearing of any information
or charge of or for any such other offence as aforesaid , and on the trial
of any action against any person to recover a penalty for any such other
offence as aforesaid , it shall not be necessary to prove an intent to defraud
any particular person , or an intent to enable any particular person to
defraud any particular person, but it shall be sufficient to prove with
respect to every such misdemeanor and offence that the person accused
did the act charged with intent to defraud, or with intent to enable some
other person to defraud, or with the intent that any other person might
be enabled to defraud.
13. Every person who shall aid , abet , counsel, or procure the Persons who
aid in the
commission of any offence which is by this Ordinance made a misdemeanor commission of
a misdemean
shall also be guilty of a misdemeanor. or to be also
guilty.
14. Every person who shall be convicted or found guilty of any Punishment
for misde
offence which is by this Ordinance made a misdemeanor shall be liable, meanor
under this
at the discretion of the Court and as the Court shall award, to suffer such Ordinance.
punishment by imprisonment for not more than two years, with or with
out hard labour , or by fine, or both by imprisonment with or without
hard labour and fine, and also by imprisonment until the fine ( if any )
shall have been paid and satisfied .