"
374.
THE HONGKONG GOVERNMENT GAZETTE, 26TH DECEMBER, 1863.
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any forged or counterfeited Trade Mark, or together with the Trade Mark 'cf 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 Authority 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 a Police Magistrate, of the Name and Address of the Person from Power to Police Ma- whom he shall have purchased or obtained such Chattel or Article, and of the Time gistrate to summou when he obtained the same; and it shall be lawful for any Police Magistrate, on Infor- mation on Oath of such Demand and Refusal, to summnon 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 Penalty for Refusal any such Party who shall refuse or neglect to comply with such 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.
Parties refusing to give Information.
$50.
Marking any false
ty, &c., upon an Ar-
defraud, Penalty
the further Sum not
less than J.
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 Se 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 exceeding $50 and not upon any Case, Frame, or other Thing in or by means of which any Chatte! or Article shall be intended to be or shall be exposed for Sale, any false Description, Statement, or other Indication of or respecting the Number, 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.
Selling or exposing
March 1864 Articles
of Quantities, &c., Penalty not more than
VIII. Every Person who, after the Thirty-first Day of March One thousand eight for Sale after the 31st hundred and sixty-four, shall sell, utter, or expose for Sale or for any Purpose of Trade with false Statement Or Manufacture, or shall cause or procure to be sold, uttered, or exposed for Sale or other Purpose as aforesaid, any Chattel or Article upon which shall have been, to his S50 er less than $5. 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 false 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 Dolars and not less than Five Dollars.
+
Proviso that it shall not be aw Offence to
IX. Provided always, That the Provisions of this Ordinance shall not he 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 known to be used for Cask, Bottle, Stopper, Vessel, Case, Cover, Wrapper, Band, Reel, Ticket, Label, or other Classes of Manufac 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 be
indicating particular
tures.
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