MERCHANDISE MARKS.
No. 4 of 1890.
561
obliterated), award to any innocent party any loss which he may have innocently sustained in dealing with such goods.
defence or prosecution.
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 three 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 Kingdom, unless such name or trade mark is accompanied by a definite indication of the country in which the goods were made or produced, are hereby prohibited to be imported into the Colony, and if any such goods are imported or brought into the Colony contrary to the prohibition herein contained, such goods shall be forfeited and may be destroyed or otherwise disposed of as the Superintendent of Imports and Exports may direct;
(2) before detaining any such goods, or taking any further proceedings with a view to the forfeiture thereof under this Ordinance, the Superintendent of Imports and Exports may require the regulations under this section, whether as to information, security, conditions, or other matters, to be complied with, and may satisfy himself in accordance with those regulations that the goods are such as are prohibited by this section to be imported;
(3) it shall be lawful for the Governor in Council to make regulations, either general or special, respecting the detention and forfeiture of goods the importation of which is prohibited by this section, and the conditions, if any, to be fulfilled before such detention and forfeiture, and may by such regulations determine the information, notices, and security to be
MERCHANDISE MARKS.
No. 4 of 1890.
561
obliterated), award to any innocent party any loss which he may have innocently sustained in dealing with such goods..
defence or prosecution.
12. On any prosecution under this Ordinance, the court Costs of or magistrate may order costs to be paid to the defendant by the prosecutor or to the prosecutor by the defendant, having 50 & 51 Vict. regard to the information given by and the conduct of the c. 28, s. 14. defendant and prosecutor respectively.
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13. No prosecution for an offence against this Ordinance Limitation of shall be commenced after the expiration of three years next 50 & 51 Vict. after the commission of the offence, or one year next after c. 28, s. 15. the first discovery thereof by the prosecutor, whichever expiration first happens.
14. Whereas it is expedient to make further provision for Prohibition of prohibiting the importation of goods which, if sold, would importation of be liable to forfeiture under this Ordinance :-
goods liable to forfeiture. 50 & 51 Vict.
(1), all such goods, and also all goods of foreign manufac- c. 28, s. 16. ture 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 Kingdom, unless such name or trade mark is accompanied by a definite indication of the country in which the goods were made or produced, are here- by prohibited to be imported into the Colony, and if any such goods are imported or brought into the Colony contrary to the prohibition herein contained, such goods shall be forfeited and may be destroyed or otherwise disposed of as the Superintendent of Imports and Exports may direct;
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(2) before detaining any such goods, or taking any further proceedings with a view to the forfeiture thereof under this Ordinance, the Superintendent of Imports and Exports may require the regulations under this section, whether as to information, security, conditions, or other matters, to be complied with, and may satisfy himself in accordance with those regulations that the goods are such as are prohibited. by this section to be imported;
(3) it shall be lawful for the Governor in Council to make regulations, either general or special, respecting the detention and forfeiture of goods the importation of which is prohibited by this section, and the conditions, if any, to be fulfilled before such detention and forfeiture, and may by such regula- tions determine the information, notices, and security to be
"
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