CAP. 41]
[s. 6 cont.]
Application
of the
Ordinance
to watches.
c. 28, s. 7.
Merchandise Marks.
he shall be discharged from the prosecution, but shall be liable to pay the costs incurred by the prosecutor, unless he has given due notice to him that he will rely on the above defence.
7. (1) Where a watch case has thereon any words or marks which constitute, or are by common repute considered
50 & 51 Vict.
as constituting, a description of the country in which the watch was made, and the watch bears no description of the country where it was made, those words or marks shall prima facie be deemed to be a description of that country within the meaning of this Ordinance, and the provisions of this Ordinance with respect to goods to which a false trade description has been applied, and with respect to selling, or exposing for, or having in possession for, sale or any purpose of trade or manufacture, goods with a false trade description shall apply accordingly.
Description
of trade mark in
(2) For the purposes of this section, "watch" means all that portion of a watch which is not the watch case.
8. In any information, indictment, pleading, proceeding, or document, in which any trade mark or forged trade
50 & Vict.
mark is intended to be mentioned, it shall be sufficient,
pleading.
c. 28, s. 9.
Rules as to evidence.
without further description and without any copy or facsimile, to state that trade mark or forged trade mark to be a trade mark or forged trade mark.
9. In any prosecution for an offence against this
50 & 51 Vict.
Ordinance—
c. 28, s. 10.
Punishment
of accessory.
(a) a defendant and his wife or her husband, as the case may be, 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
(b) in the case of imported goods, evidence of the port of shipment shall be prima facie evidence of the place or country in which the goods were made or produced.
10. Any person who, being within the Colony, procures,
60 & 51 Vict.
counsels, aids, abets, or is accessory to the commission, without the Colony, of any act, which, if committed in the Colony, would under this Ordinance be a misdemeanor, shall
c. 28, s. 11.
- 336
CAP. 41]
[s. 6 cont.]
Application
of the
Ordinance
to watches.
c. 28, s. 7.
Merchandise Marks.
he shall be discharged from the prosecution, but shall be liable to pay the costs incurred by the prosecutor, unless he has given due notice to him that he will rely on the above defence.
7. (1) Where a watch case has thereon any words or marks which constitute, or are by common repute considered
50 & 51 Vict. as constituting, a description of the country in which the watch was made, and the watch bears no description of the country where it was made, those words or marks shall prima facie be deemed to be a description of that country within the meaning of this Ordinance, and the provisions of this Ordinance with respect to goods to which a false trade description has been applied, and with respect to selling, or exposing for, or having in possession for, sale or any purpose of trade or manufacture, goods with a false trade description shall apply accordingly.
Description
of trade mark in
(2) For the purposes of this section, "watch" means all that portion of a watch which is not the watch case.
8. In any information, indictment, pleading, proceed- ing, or document, in which any trade mark or forged trade 50 & Vict. mark is intended to be mentioned, it shall be sufficient,
pleading.
c. 28, s. 9.
Rules as to evidence.
without further description and without any copy or facsimile, to state that trade mark or forged trade mark to be a trade mark or forged trade mark.
9. In any prosecution for an offence against this 50 & 51 Viet. Ordinance—
c. 28, s. 10.
Punishment
of accessory.
(a) a defendant and his wife or her husband, as the case may be, 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 (b) in the case of imported goods, evidence of the port of shipment shall be prima facie evidence of the place or country in which the goods were made or produced.
10. Any person who, being within the Colony, procures, 60 & 51 Vict. counsels, aids, abets, or is accessory to the commission, without the Colony, of any act, which, if committed in the Colony, would under this Ordinance be a misdemeanor, shall
c. 28, s. 11.
- 336
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