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Additions to and altera tions of trade marks made with intent

to defraud to be deemed forgeries.

Any person who, after 31st March 1864, shall

have sold an

article having

a trade mark to be

bound to give

information where he pro- cured it;

Power to

Police Magis➡ trate to sum- mon parties refusing to give informa- tion.

ORDINANCE No. 8 OF 1863.

Fraudulent Marking of Merchandise.

offered, or exposed for sale or other purpose as aforesaid, and a further sum not exceeding fifty dollars and not less than five dollars.

5. Every addition to and every alteration of, and also every imita- tion of any trade mark which shall be made, applied, or used with intent to defraud, or to enable any other person to defraud, or which shall cause a trade mark with such alteration or addition, or shall cause such imita- tion of a trade mark to resemble any genuine trade mark so or in such manner as to be calculated or likely to deceive, shall be and be deemed to be a false, forged, and counterfeited trade mark within the meaning of this Ordinance; and every act of making, applying, or otherwise using any such addition to or alteration of a trade mark or any such imitation of a trade mark as aforesaid done by any person with intent to defraud, or to enable any other person to defraud, shall be and be deemed to be forging and counterfeiting a trade mark within the meaning of this Ordinance.

6. Where any person who, at any time after the thirty-first day of March one thousand eight hundred and sixty-four, shall have sold, uttered, or exposed for sale or other purpose as aforesaid, or shall have caused or procured to be sold, uttered, or exposed for sale or other purpose as aforesaid, any chattel or article, together with any forged or counterfeited 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 ex- posure 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 infor- mation 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 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.