the-ordinances-of-the-legislative-counci-1890v2 — Page 712

1302 [ 15 of 1890).] MERCIIANDISE MARKS .

this ordinance, is unknown or cannot be found, an information
or complaint may be laid 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 lie destroyed
or otherwise disposed of, in such manner as the Court or
Magistrate by which the same are forfeited way direct , and the
Court or Magistrate may, out of any proceeds which may be
realised by the disposition of such goods ( all trade marks and
trade descriptions being first obliterated ), award to any innocent
party any loss he may have innocently sustained in dealing
with such goods.
Costs of de 12. On any prosecution under this ordinance the Court or
fence or .pro- Magistrate may order costs to be paid to the defendant by the
[ Ibid. s. 14. ] prosecutor, or to ihe prosecutor by the defendunt, having regard
to the information given by auid ihe conduct of the defendant
and prosecutor respectively.
Limitation of 13. No prosecution for an offence against this ordinance shall
[Ibid,s.
( . 15.)
] be commenced after the expiration of three years next after the
commission of the offence, or one year nest after the first
discovery thereof by the prosecutor, whichever expiration first
happens.
Prohibition 14. Whereas it is expedient to make further provision for
in importa- prohibiting the importation of goods which , if sold , would be
tion .
Tid. s. 16.] liable to forfeiture under this ordinance ; be it therefore enacted
as follows :
( 1. ) 111 such goods, and also all goods of foreign manu
facture bearing any name or trade mark being or
purporting to be the name or trade mark of any
manufacturer, dealer, or trader in the United King
dom , unless such name or trade mark is accom
panied by a definite indication of the country in
which the goods were made or produced, are hereby
prohibited to be imported into the Colony and if
any such goods shall be imported or brought into
the Colony contrary to the prohibition herein
contained such goods shall be forfeited and may be
destroyed or otherwise disposed of as the Super
intendent of Imports and Exports may direct.