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THE HONGKONG GOVERNMENT GAZETTE, 26ти DECEMBER, 1863.
fode of recovering Penalties.
In Actions Penal-
for in like Manner as
Plaintiffs to recover full Costs of Suit.
Money shall or may be recovered by a summary Proceeding before a Police Magistrate, who upon Proof of the Offence, either by the Confession of the Person offending or by 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. All Penalties sought to be recovered under this Ordinance by a Summary Proceeding before a Police Magistrate, shall be sued for and recovered under Ordinance No. 10 of 1844.
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.
1864, Vendor of an
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.
After 31st March, XIX. In every Case in which at any Time after the Thirty-first Day of March Article with a Trade One Thousand eight hundred and sixty-four any Person shall sell or contract to sell Mark to be deemed to (whether by Writing or not) to any other Person any Chattel or Article with any contract that the Mark Trade Mark thereon, or upon any Cask, Bottle, Stopper, Vessel, Case, Cover, Wrapper,
is genuine.
Vendor of an Article
it of its Quantity to
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.
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 any Person shall sell or contract to sell be deemed to contract (whether by Writing or not) to any other Person any Chattel or Article upon which, that the Description or upon any Cask, Bottle, Stopper, Vessel, Case, Cover, Wrapper, Band, Reel, Ticket,
was true.
in Equity against Per-
•
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 pro- duced, 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 forget 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 may order Article to Chattel or Article with any Trade Mark falsely or wrongfully applied thereto, or with award Injunction, &c. any forged or counterfeit Trade Mark applied thereto, or for preventing the Repetition
be destroyed, and may
+
or Continuance of any such wrongful Act, or the Committal of any similar Act, in which the Plaintiff shall obtain a Judgment or Decree against the Defendant, the Court shall have Power to direct every such Chattel and Article to be destroyed or otherwise disposed of; and in every such Suit in a Court of Law the Court shall or may upon giving Judgment for the Plaintiff award a Writ of Injunction or Injunctions to the Defendant commanding him to forbear from committing and not by himself or otherwise to repeat or commit any Offence or wrongful Act of the like Nature as that of which he shall or may have been convicted by such Judgment, and any Disobedience of any such Writ of Injunction or Injunctions shall be punished as a Contempt of
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