568 ORDINANCE No. 8 OF 1863.
Fraudulent Marking of Merchandise.
Recovery of 15. In every case in which any person shall have committed or
penalties.
done any offence or act whereby he shall have forfeited or become
liable to pay to Her Majesty any of the penalties or sums of money
mentioned in the provisions of this Ordinance, every such penalty or
sum of money shall or may be recovered in an action of debt , which any
person may as plaintiff for and on behalf of Her Majesty commence and
prosecute to judgment in the Supreme Courtof this Colony, and the
amount of every such penalty or sum of money to be recovered in any
such action shall or may be determined by the jury ( if any ) sworn to
try any issue in such action, and if there shall be no such jury then by
the Court or some other jury, as the Court shall think fit, or instead of
any such action being commenced such penalty or sum of money shall or
may be recovered by a summary proceeding before a Police Magistrate,
who upon proof of the offence, cither by the confession of the person
offending or by the cath or affirmation of one or more credible witnesses ,
shall convict the offender, and find him liable in the penalty or penalties
aforesaid as also in expenses .
Mode of 16. All penalties sought to be recovered under this Ordinance by a
recovering
penalties. summary proceeding before a Police Magistrate, shall be sued for and
recovered under Ordinance No. 10 of 1844 .
In actions 17. In every case in which judgment shall be obtained in any such
penalties to
be accounted action as aforesaid for the amount of any such penalty or sum of money
for in like
manner as forfeited to Her Majesty , the amount thereof shall be paid by the defend
other monies
payable to ant to the Registrar of the Court, who shall account for the same in like
the Crown,
and plaintiffs manner as other monies payable to Her Majesty, and , if it be not paid .
to recover full
costs of suit. may be recovered, or the amount thereof levied , or the payment thereof
enforced , by execution or other proper proceeding, as money due to Her
Majesty ; and the plaintiff suing on behalf of Her Majesty, upon obtain
ing judgment , shall be entitled to recover and have execution for all his
costs of suit, which shall include a full indemnity for all costs and charges
which he shall or may have expended or incurred in , about , or for the
purposes of the action , unless the Court , or the Judge thereof, shall direct
that costs of the ordinary amount only shall be allowed .
Limitations 18. No person shall commence any action or proceeding for the
of action, &c.
recovery of any penalty, or procuring the conviction of any offender in
manner hereinbefore provided , after the expiration of three years next
after the committing of the offence, or one year next after the first dis
covery thereof by the person proceeding.