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340 THE HONGKONG GOVERNMENT GAZETTE, 21ST NOVEMBER, 1863.
Trade Mark, or together with the Trade Mark of any other 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 Exposure for Sale by or on the Behalf of any Person whose Trade Mark shall have been so forged or counterfeited, or used without lawful Autho rity 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 information in Writing verified by Affidavit or declaration according to the Law of this Colony made before [such Court or Magistrate or Justice of the Peace as shall be required] of the Name and Address of the Person from whom he shall have purchased or obtained such Chattel or Article, and of the Time when he obtained the same; and it shall be lawful for any Police Magistrate, on Information on Oath of such Demand 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 such Penalty for Refusal Order shall for every such Offence forfeit and pay to Her Majesty the Sum of Fifty Dollars, and such Refusal or Neglect shall be prima 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.
Power to Justices to summon Parties re-
fusing to give Inform- ation.
$50.
~
Marking any false
ty, &c., upon an Ar-
defraud, Penalty a
the further Sum not
less than $5.
VII. Every Person who, with Intent to defraud or to enable another to defraud, Indication of Quanti- shall put or cause or procure to be put upon any Chattel or Article, or upon any Cask, ticle with Intent to Bottle, Stopper, Vessel, Case, Cover, Wrapper, Band, Reel, Ticket, Label, or other Sum equal to the Va- Thing, together with which any Chattel or Article shall be intended to be or shall be lue of the Article and sold or uttered or exposed for Sale, or for any Purpose of Trade or Manufacture, or exegeding $50 and not upon any Case, Frame, or other Thing in or by means of which
shall be intened to be or shall be exposed for Sale, any false Description, Statement, or any Chattel or Article other Indication of or respecting the Nunber, 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, Cask, 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.
March 186 Articles
of Quantities, &e., Peualty not more than
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Selling or exposing VIII. Every Person who, after the Thirty-first Day of March One thousand eight for Sale after the 31st hundred and sixty-four, (or after such earlier day to be so specified as aforesaid) shall with false Statement sell, utter, or expose for Sale or for any Purpose of Trade or Manufacture, or shall cause or procure to be sold, uttered, or exposed for Sale or other Purpose as aforesaid, $50 or less than $5. any Chattel or Article upon which shall have been, to his Knowledge, put, or upon any Cask, Bottle, Stopper, Vessel, Case, Cover, Wrapper, Band, Reel, Ticket, 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 employed to expose or exhibit such Chattel or Article for Sale shall have been so put, any faise Description, Statement, or other Indication of or respecting 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. IX. Provided always, That the Provisions of this Ordinance chall not be construed so apply Names or Words as to make it any Offence for any Person to apply to any Chattel or Article, or to any kawn to be used for Cask. Bottle, Stopper, Vessel, Case, Cover, Wrapper, Band, Reel, Ticket, Label, or other Classes of Manufae Thing with which such Chattel or Article shall be sold or intended to be sold, any Name, Word, or Expression generally used for indicating such Chattel or Article to b of some particular Class or Description of Manufacture only, or so as to make it any
Proviso that it shall not be an Offence to e
indicating particular
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