the-ordinances-of-the-legislative-counci-1890 — Page 599

ORDINANCE No. 8 of 1863 . 563


Fraudulent Marking of Merchandise.


falsely applied, or to which any forged or counterfeited trade mark shall

have been applied, or shall enclose, place , or attach any chattel or article,
or cause or procure any chattel or article to be enclosed , placed , or attached,

in , upon , under, with , or to any cask , bottle , stopper, vessel, case, cover,
wrapper, band, reel , ticket, label , or other thing having thereon any trade
mark of any other person shall be guilty of a misdemeanor, and every
person so committing a misdemeanor shall also forfeit to Her Majesty every
such chattel and article, and also every such cask, bottle, stopper , vessel ,
case, cover, wrapper, band, reel, ticket, label, or other thing as aforesaid !

in the possession or power of such person ; and every other similar cask,
bottle, stopper, vessel , case, cover , wrapper, band , reel , ticket , label , or
other thing made to be used in like manner as aforesaid, and every
instrument in the possession or power of such person, and by means of
which any such trade mark or forged or counterfeited trade mark as
aforesaid shall have been applied , and also every instrument in the
possession or power of such person for applying any such trade mark or
forged or counterfeited trade mark as aforesaid , shall be forfeited to Her
Majesty ; and the Court before which any such misdemeanor shall be
tried may order such forfeited articles as aforesaid to be destroyed or

otherwise disposed of as such Court shall think fit.

4. Every person who, after the thirty-first day of March one Selling
articles with
thousand eight hundred and sixty - four , shall sell , utter, or expose either forged or false
trade marks
for sale or for any purpose of trade or manufacture , or cause or procure after 31st
March 1864
to be sold, uttered , or exposed for sale or other purpose as aforesaid, any penalty equal
to value of
chattel or article, together with any forged or counterfeited trade mark, article sold,
and a sum
which he shall know to be forged or counterfeited , or together with the not exceeding
$50 nor less
the trade mark of any other person applied or used falsely or wrongfully than $5.
or without lawful authority or excuse, knowing such trade mark of
another person to have been so applied or used as aforesaid, and that
whether any such trade mark or forged or counterfeited trade mark as

aforesaid, together with which any such chattel or article shall be sold ,
uttered , or exposed for sale or other purpose as aforesaid , shall be in ,
upon, about, or with such chattel or article, or in, upon, about, or with
any cask, bottle, stopper , vessel, case, cover, wrapper, band , reel , ticket,
label, or other thing in, upon , about, or with which such chattel or
article shall be so sold or uttered or exposed for sale or other purpose as

aforesaid, shall for every such offence forfeit and pay to Her Majesty a
sum of money equal to the value of the chattel or article so sold , uttered , 18