the-ordinances-of-the-legislative-counci-1890 — Page 607

ORDINANCE No. 8 OF 1863. 571


Fraudulent Marking of Merchandise.


chattel or article in , upon , under , with, or to any cask, bottle, stopper,

vessel , case, cover, reel , wrapper , band , ticket, label , or other thing having
thereon any trade mark of any other person ; every person aggrieved by
any such wrongful act shall be entitled to maintain an action or suit for

damages in respect thereof aganist the person who shall be guilty of
having done such act or causing or procuring the same to be done , and
for preventing the repetition or continuance of the wrongful act, and the
committal of any similar act.

23. In every action which any person shall under the provisions Defendant
obtaining a
of this Ordinance commence as plaintiff for or on behalf of Her Majesty verdict to
have full
for recovering any penalty or sum of money , if the defendant shall obtain indemnity
for costs .
judgment, he shall be entitled to recover his costs of suit, which shall
include a full indemnity for all the costs , charges , and expenses by him

expended or incurred in , about , or for the purposes of the action , unless
the Court or a Judge thereof shall direct that costs of the ordinary
amount only shall be allowed.

24. In any action which any person shall , under the provisions of A plaintiff
suing for a
this Ordinance, commence as plaintiff for or on behalf of Her Majesty penalty may
be compelled
for recovering any penalty or sum of money, if it shall be shown to the to give secu
rity for costs.
satisfaction of the Court or the Judge thereof that the person suing as

plaintiff for or on behalf of Her Majesty has no ground for alleging that
he has been aggrieved by the committing of the alleged offence in respect

of which the penalty or sum of money is alleged to have become payable,
and also that the person so suing as plaintiff is not resident within the
jurisdiction of the Court, or not a person of sufficient property to be able
to pay any costs which the defendant may recover in the action , the
Court or Judge shall or may order that the plaintiff shall give security
by the bond or recognizance of himself and a surety, or by the deposit of

a sum of money, or otherwise, as the Court or Judge shall think fit, for
the payment to the defendant of any costs which he may be entitled to
recover in the action.

25. Nothing in this Ordinance contained shall be construed to affect Act not to
affect the
the rights and privileges of the Corporation of Cutlers of the Liberty of Corporation
of Cutlers of
Hallamshire in the County of York, nor shall anything in this Ordinance Hallamshire,
nor to repeal
contained be construed in any way to repeal or make void within this 59 G. 3 c. 7.

Colony any of the provisions contained in the fifty -ninth George third,
chapter seven, intituled " An Act to regulate the Cutlery Trade in

England." fo