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THE HONGKONG GOVERNMENT GAZETTE, 21st NOVEMBER, 1863.
Summary Procced-
be within 5 Geo. IV. C. 18.
the Oath 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.
XVI. In every Case in which any such Penalty or Sum of Money forfeited to Her ings before Justices to Majesty as hereinbefore mentioned shall be sought to be recovered by a summary
Proceeding before a Police Magistrate, the Offence or Act by the committing
or doing of which such Penalty or Sum of Money shall have been so forfeited shall be and be deemed to be an Offence and Act within the Meaning of a Statute passed in the Fifth Year of the Reign of His late Majesty King George the Fourth intituled, "An Act for the more effectual Recovery of Penalties before Justices and Magistrates on Conviction of Offenders and for facilitating the execution of Warrants by Constables;" and the Infor mation, Conviction of the Öffender, and other Proceedings for the Recovery of the the Penalty or Sum so forfeited shall be had according to the Provisions of the said Ordinance so far as the same is applicable.
In Actions Penal-
for in like Manner as
Plaintiffs to recover full Costs of Suit.
XVII. In every Case in which Judgment shall be obtained in any such Action as ties to be accounted aforesaid for the Amount of any such Penalty or Sum of Money forfeited to Her Ma- other Monies payable jesty, the Amount thereof shall be paid by the Defendant to the Registrar of the Court, to the Crown, and who shall account for the same in like Manner as other Monies payable to Her Ma- jesty, and, if it be not paid, 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 obtaining Judg ment, 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 of Ac- tions, &c.
an
After 31st March,
as aforesaid Vendor of Article with A Trade Mark to be deemed to contract
nuine.
XVIII. No Person shall commence any Action or Proceeding for the 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 Discovery thereof by the Person proceeding.
XIX. In every Case in which at any Time after the Thirty-first Day of March 1864, or earlier date One Thousand eight hundred and sixty-four [or after such earlier date as hereinbefore specified] any Person shall sell or contract to sell (whether by Writing or not) to any other Person any Chattel or Article with any Trade Mark thereon, or upon any Cask, that the Mark is ge- Bottle, Stopper, Vessel, Case, Cover, Wrapper, Band, Reel, Ticket, Label, or other Thing together with which such Chattel or Article shall be sold or contracted to be sold, the Sale or Contract to sell shall in every such Case be deemed to have been made with a Warranty or Contract by the Vendor to or with the Vendee that every Trade Mark upon such Chattel or Article, or upon any such Cask, Bottle, Stopper, Vessel, Case, Cover, Wrapper, Band, Reel, Ticket, Label, or other Thing as aforesaid, was genuine and true, and not forged or counterfeit, and not wrongfully used, unless the contrary shall be expressed in some Writing signed by or on behalf of the "Vendor, and delivered to and accepted by the Vendee.
it of its Quantity to
"
Vendor of an Article XX. In every Case in which at any Time after the Thirty-first Day of March with Description upon One thousand eight hundred and sixty-four [or after such earlier date as hereinbefore he deemed to contract specified] any Person shall sell or contract to sell (whether by Writing or not) to any that the Description other Person any Chattel or Article upon which, or upon any Cask, Bottle, Stopper,
was true.
in Equity against Per-
Vessel, Case, Cover, Wrapper, Band, Reel, Ticket, Label, or other Thing together with which such Chattel or Article shall be sold or contracted to be sold, any Description, Statement, or other Indication of or respecting the Number, Quantity, Measure, or Weight of such Chattel or Article, or the Place or Country in which such Chattel or Article shall have been made, manufactured, or produced, the Sale or Contract to sell shall in every such Case be deemed to have been made with a Warranty or Contract by the Vendor to or with the Vendee that no such Description, Statement, or other Indication was in any material respect false or untrue, unless the contrary shall be expressed in some Writing signed by or on behalf of the Vendor, and delivered to and accepted by the Vendee.
In Suits at Law or XXI. In every Case in any Suit at Law or in Equity against any Person for sons for using forged forging or counterfeiting any Trade Mark, or for fraudulently applying any Trade Trade Marks, Court Mark, to any Chattel or Article, or for selling, exposing for Sale, or uttering any be destroyed, and may Chattel or Article with any Trade Mark falsely or wrongfully applied thereto, or with award Injunction, &c. any forged or counferfeit Trade Mark applied thereto, or for preventing the Repetition or Continuance of any such wrongful Act, or the Committal of any similar Act, in
Inay order Article to
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