588
No. 4 of 1890.
Costs of defence or prosecution.
50 & 51 Vict. c. 28 s. 14.]
Limitation of prosecution.
[ib. s. 15.]
Prohibition of importation of goods liable to forfeiture.
[ib. s. 16.]
*
MERCHANDISE MARKS.
of its being determined whether the same are or are not liable to forfeiture under this Ordinance.
(2) If the owner of any goods or things which, if the owner thereof had been convicted, would be liable to forfeiture under this Ordinance is unknown or cannot be found, an information or complaint may be laid or made for the purpose only of enforcing such forfeiture, and a Magistrate may cause notice to be advertised stating that, unless cause is shown to the contrary at the time and place named in the notice, such goods or things will be forfeited; and at such time and place the Magistrate, unless the owner or any person on his behalf, or other person interested in the goods or things, shows cause to the contrary, may order such goods or things or any of them to be forfeited.
(3) Any goods or things forfeited under this section, or under any other provision of this Ordinance, may be destroyed or otherwise disposed of in such manner as the Court or Magistrate by which or whom the same are forfeited may direct; and the Court or Magistrate may, out of any proceeds which may be realized by the disposition of such goods or things (all trade marks and trade descriptions being first obliterated), award to any innocent party any loss which he may have innocently sustained in dealing with such goods.
12. On any prosecution under this Ordinance, the Court or Magistrate may order costs to be paid to the defendant by the prosecutor or to the prosecutor by the defendant, having regard to the information given by and the conduct of the defendant and prosecutor respectively.
13. No prosecution for an offence against this Ordinance shall be commenced after the expiration of 3 years next after the commission of the offence, or one year next after the first discovery thereof by the prosecutor, whichever expiration first happens.
14. Whereas it is expedient to make further provision for prohibiting the importation of goods which, if sold, would be liable to forfeiture under this Ordinance :-
(1) all such goods, and also all goods of foreign manufacture bearing any name or trade mark being or purporting to be the name or trade mark of any manufacturer, dealer, or trader in the United
*As amended by No. 50 of 1911, No. 1 of 1912 and No. 2 of 1912.
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588
No. 4 of 1890.
Costs of de- fence or prosecution.
50 & 51 Vict. c. 28 s. 14.]
Limitation of prosecu- tion.
[ib. s. 15.]
Prohibition of importa- tion of goods liable to forfeiture.
[ib. s. 16.]
*
MERCHANDISE MARKS.
of its being determined whether the same are or are not liable to forfeiture under this Ordinance.
(2) If the owner of any goods or things which, if the owner thereof had been convicted, would be liable to forfeiture under this Ordinance is unknown or cannot be found, an information or com- plaint may be laid or made for the purpose only of enforcing such forfeiture, and a Magistrate may cause notice to be advertised stating that, unless cause is shown to the contrary at the time and place named in the notice, such goods or things will be forfeited; and at such time and place the Magistrate, unless the owner or any person on his behalf, or other person interested in the goods or things, shows cause to the contrary, may order such goods or things or any of them to be forfeited.
(3) Any goods or things forfeited under this section, or under any other provision of this Ordinance, may be destroyed or otherwise disposed of in such manner as the Court or Magistrate by which or whom the same are forfeited may direct; and the Court or Magistrate may, out of any proceeds which may be realized by the disposition of such goods or things (all trade marks and trade descriptions being first obliterated), award to any innocent party any loss which he may have innocently sustained in dealing with such goods.
12. On any prosecution under this Ordinance, the Court or Magistrate may order costs to be paid to the defendant by the prosecutor or to the prosecutor by the defendant, having regard to the information given by and the conduct of the defendant and pro- secutor respectively.
13. No prosecution for an offence against this Ordinance shall be commenced after the expiration of 3 years next after the commission of the offence, or one year next after the first discovery thereof by the prosecutor, whichever expiration first happens.
14. Whereas it is expedient to make further provision for prohib- iting the importation of goods which, if sold, would be liable to forfeiture under this Ordinance :-
(1) all such goods, and also all goods of foreign manufacture bearing any name or trade mark being or purporting to be the name or trade mark of any manufacturer, dealer, or trader in the United
*As amended by No. 50 of 1911, No. 1 of 1912 and No. 2 of 1912.
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