the-ordinances-of-the-legislative-counci-1890v2 — Page 707

MERCHANDISE MARKS . [ 15 OF 1890.] 1297

one hundred dollars, and in the case of a second or
subsequent conviction to imprisonment, with or
without hard labour, for a terin not exceerling six
months, or to a fine not exceeding two hundred
and fifty dollars ; and
(ii .) in any case, to forfeit to Her Majesty every chattel,
article, instrument, or thing by means of or in
relation to which the offence has been committed .
( 4. ) The Court or Magistrate before whom any person is
convicted under this section may order any forfeited articles to
be destroyed or otherwise dispose l of as the Court or Magistrate
thinks fit .

( 5.) Any offence for which a person is under this ordinance
liable to punishment on sunmary conviction may be prosecuted
and any fine imposed may be enforced and recovered and any
articles liable to be forfeited may be forfeited in manner provided
by any ordinance for the time being in force regulating the
practice and procedure before Magistrates in relation to offences
punishable ou summary conviction : provided that a person
charged with an offence under this section before a Magistrate
shall, on appearing before such Magistrate, and before the charge
is gone into, be informed of his right to be tried on information
before the Supreme Court, and if he requires to be so tried , be
committed for trial and be so tried accordingly .
3. ( 1. ) For the purposes of this ordinance ; The expression Interpreta
" trade mark ” means a trade mark registered in the register of tion;
[
trade marks kept under any ordinance in force in this Colony Ibid. sec. 3.)
or under The Patents Designs and Trade Marks Acts 1883 to
1888, and includes any trade mark which, either with or without
registration, is protected by law in any British possession or
Foreign State to which the provisions of the Patents, Designs
and Trade Marks Act, 1383 section 103 are, under Order in
Council, for the time being applicable.
The expression “ trade description " means any description,
statement, or other indication, direct or indirect,
( a .) weight of any goods, or as to the number, quantity,
measure, gange , or
(6.) as to the place or country in which any goods were
inade or produced, or
(c.) as to the mode of manufacturing or producing any
goods, or
(d.) as to the material of which any goods are composed , or
( e. ) as to any goods being the subject of an existing patent,
privilege, or copyright,