No. 4 of 1890.
MERCHANDISE MARKS.
warrant.
50 & 51 Vict. c. 28, s. 12.
(1) If a magistrate has taken cognizance of an offence under this Ordinance upon information or complaint, and has issued a summons requiring the defendant charged by such information or complaint to appear to answer to the same, or has issued a warrant for the arrest of such defendant, and either the said magistrate, on or after issuing the summons or warrant, or any other magistrate, 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 reasonable time by day, and there to search for 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 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 in the Colony, 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.
* As amended by No. 2 of 1934 [29.3.34].
PANDANA MANEJO DURORA PLENAARSTU LALINICS RELATIVES AUGUSTE KEEPER WAYS BLAGAJNAWOKATORSELLERS »
334
No. 4 of 1890.
MERCHANDISE MARKS.
warrant.
50 & 51 Vict. c. 28, s. 12.
*
a summons requiring the defendant charged by such information or complaint to appear to answer to the same, or has issued a warrant for the arrest of such defendant, and either the said magistrate, on or after issuing the summons or warrant, or any other magistrate, 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 reasonable time by day, and there to search for 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 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 in the Colony, 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 magis- trate 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.
* As amended by No. 2 of 1934 [29.3.34].
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