1912_MERCHANDISE_MARKS_ORDINANCE__1890 — Page 6

MERCHANDISE MARKS.

No. 4 of 1890.

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8. In any information, indictment, pleading proceeding, or docu- Description ment, in which any trade mark or forged trade mark is intended to mark in be mentioned, it shall be sufficient, without further description and pleading.

[50 & 51 Vict. without any copy or facsimile, to state that trade mark or forged č. 28 s. 9.1 trade mark to be a trade mark or forged trade mark.

Rules as to evidence.

9. In any prosecution for an offence against this Ordinance,~ (1) a defendant and his wife or her husband, as the case may be, s. 10.7 may, if the defendant thinks fit, be called as a witness, and, if called, shall be sworn and examined, and may be cross-examined and re-examined, in like manner as any other witness; and,

(2) in the case of imported goods, evidence of the port of ship- ment shall be primâ facie evidence of the place or country in which the goods were made or produced.

10. Every person who, being within the Colony, procures, Punishment counsels, aids, abets, or is accessory to the commission, without

of accessory, ib. s. 11.] the Colony, of any act, which, if committed in the Colony, would under this Ordinance be a misdemeanor, shall be guilty of that misdemeanor as a principal, and be liable to be proceeded against, tried and convicted in the Colony as if the misdemeanor had been there committed.

*

on search

[ib. s. 12.]

*

11. (1) Where, on any information or complaint laid for an Issue of and offence against this Ordinance, a Magistrate has issued either a proceedings summons requiring the defendant charged by such information or warrant. complaint to appear to answer to the same, or has issued a warrant for the arrest of such defendant, and either the said Magistrate or any other Magistrate, on or after issuing the summons or warrant, is satisfied by information upon oath that there is reasonable cause to suspect that any goods or things by means of or in relation to which such offence has been committed are in any house or premises of the defendant, or otherwise in his possession or under his control in any place, such Magistrate may issue a warrant, by virtue of which it shall be lawful for any constable named or referred to in the warrant to enter such house, premises, or place at any reason- able time by day, and to search therefor and seize and take away those goods or things; and any goods or things seized under any such warrant shall be brought before a Magistrate for the purpose

* As amended by No. 1 of 1912.

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