ORDINANCE No. 8 OF 1863.
Fraudulent Marking of Merchandise.
chattel or article in, upon, under, with, or to any cask, bottle, stopper, vessel, case, cover, reel, wrapper, band, ticket, label, or other thing having thereon any trade mark of any other person; every person aggrieved by any such wrongful act shall be entitled to maintain an action or suit for damages in respect thereof against the person who shall be guilty of having done such act or causing or procuring the same to be done, and for preventing the repetition or continuance of the wrongful act, and the committal of any similar act.
23. In every action which any person shall under the provisions of this Ordinance commence as plaintiff for or on behalf of Her Majesty for recovering any penalty or sum of money, if the defendant shall obtain judgment, he shall be entitled to recover his costs of suit, which shall include a full indemnity for all the costs, charges, and expenses by him expended or incurred in, about, or for the purposes of the action, unless the Court or a Judge thereof shall direct that costs of the ordinary amount only shall be allowed.
24. In any action which any person shall, under the provisions of this Ordinance, commence as plaintiff for or on behalf of Her Majesty for recovering any penalty or sum of money, if it shall be shown to the satisfaction of the Court or the Judge thereof that the person suing as plaintiff for or on behalf of Her Majesty has no ground for alleging that he has been aggrieved by the committing of the alleged offence in respect of which the penalty or sum of money is alleged to have become payable, and also that the person so suing as plaintiff is not resident within the jurisdiction of the Court, or not a person of sufficient property to be able to pay any costs which the defendant may recover in the action, the Court or Judge shall or may order that the plaintiff shall give security by the bond or recognizance of himself and a surety, or by the deposit of a sum of money, or otherwise, as the Court or Judge shall think fit, for the payment to the defendant of any costs which he may be entitled to recover in the action.
25. Nothing in this Ordinance contained shall be construed to affect the rights and privileges of the Corporation of Cutlers of the Liberty of Hallamshire in the County of York, nor shall anything in this Ordinance contained be construed in any way to repeal or make void within this Colony any of the provisions contained in the fifty-ninth George third, chapter seven, intituled "An Act to regulate the Cutlery Trade in England."
571
Defendant verdict to indemnity
obtaining a
have full
for costs.
A plaintiff suing for a penalty may
be compelled to give security for costs.
Act not to affect the
Corporation of Cutlers of Hallamshire,
nor to repeal 59 G. 3 c.7.
ORDINANCE No. 8 OF 1863.
Fraudulent Marking of Merchandise.
chattel or article in, upon, under, with, or to any cask, bottle, stopper, vessel, case, cover, reel, wrapper, band, ticket, label, or other thing having thereon any trade mark of any other person; every person aggrieved by any such wrongful act shall be entitled to maintain an action or suit for damages in respect thereof aganist the person who shall be guilty of having done such act or causing or procuring the same to be done, and for preventing the repetition or continuance of the wrongful act, and the committal of any similar act.
23. In every action which any person shall under the provisions of this Ordinance commence as plaintiff for or on behalf of Her Majesty for recovering any penalty or sum of money, if the defendant shall obtain judgment, he shall be entitled to recover his costs of suit, which shall include a full indemnity for all the costs, charges, and expenses by him expended or incurred in, about, or for the purposes of the action, unless the Court or a Judge thereof shall direct that costs of the ordinary amount only shall be allowed.
24. In any action which any person shall, under the provisions of this Ordinance, commence as plaintiff for or on behalf of Her Majesty for recovering any penalty or sum of money, if it shall be shown to the satisfaction of the Court or the Judge thereof that the person suing as plaintiff for or on behalf of Her Majesty has no ground for alleging that he has been aggrieved by the committing of the alleged offence in respect of which the penalty or sum of money is alleged to have become payable, and also that the person so suing as plaintiff is not resident within the jurisdiction of the Court, or not a person of sufficient property to be able to pay any costs which the defendant may recover in the action, the Court or Judge shall or may order that the plaintiff shall give security by the bond or recognizance of himself and a surety, or by the deposit of a sum of money, or otherwise, as the Court or Judge shall think fit, for the payment to the defendant of any costs which he may be entitled to recover in the action.
25. Nothing in this Ordinance contained shall be construed to affect the rights and privileges of the Corporation of Cutlers of the Liberty of Hallamshire in the County of York, nor shall anything in this Ordinance contained be construed in any way to repeal or make void within this Colony any of the provisions contained in the fifty-ninth George third, chapter seven, intituled "An Act to regulate the Cutlery Trade in England."
571
Defendant verdict to indemnity
obtaining a
have full
for costs.
A plaintiff suing for a penalty may
be compelled to give secu. rity for costs.
Act not to affect the
Corporation Hallamshire,
of Cutlers of
nor to repeal 59 G. 3 c.7.
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