he was so employed by some person resident in this Colony, and was not interested in the goods by way of profit or commission dependent on the sale of such goods; and (b) that he took reasonable precautions against commit- (c) that he had at the time of the commission of the he shall be discharged from the prosecution, but shall be liable to pay the costs incurred by the complainant, unless he has given due notice to him that he will rely on the above defence. 6. Where a watch-case has thereon any words or marks which constitute, or are by common repute considered 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 primâ 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, and for the purposes of this section the expres sion "watch" means all that portion of a watch which is not the watch-case. 7. In any indictment, charge, pleading, proceeding or document, in which any trade mark or forged trade mark is intended to be mentioned, it shall be sufficient, 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. 8. In any prosecution for an offence against this Ordinance, evidence of the port of shipment of imported goods shall be primâ facie evidence of the place or country in which the goods were made or produced. 9. Any person who, being within this Colony, procures, counsels, aids, abets, or is accessory to the commission, without this Colony, of any act which, if committed in this Colony, would, under this Ordinance, be an offence, shall be guilty of that offence as a principal, and be liable to be indicted, proceeded against, tried, and convicted in any place in this Colony in which he may be, as if the offence had been there committed. 10. (1) Where, upon information of an offence against this Ordinance, there has been issued in due form of law, either a summons requiring the person charged by such information to appear to answer to the same, or a warrant for the arrest of such person, and either the person issuing such summons or warrant, or any other officer of the law empowered to issue criminal process is satisfied, by information on oath, that there is reasonable cause to suspect that any goods or things, by means of, or in relation to, which such offence has been committed, are in any house or premises of the person charged or arrested, or otherwise in his possession or under his control in any place, the person issuing such summons or warrant, or other such officer as aforesaid, as the case may be, may issue a warrant under his hand, by virtue of which it shall be lawful for any police officer named or referred to in the warrant to enter such house, premises or place, at any reasonable time by day, and to search there for and seize and take away those goods or things; and any goods or things seized under any such warrant shall be brought before the Court of the Resident Magistrate having jurisdiction in respect of such offence, for the purpose of its being determined whether the same are, or are not, liable to forfeiture under this Ordinance. (2) If the owner of any goods or things which, if the owner thereof had been convicted, would be liable to forfeiture under this Ordinance, is unknown, or cannot be found, an information or complaint may be laid for the purpose only of enforcing such forfeiture, and the Resident Magistrate of the district in which such goods or things shall be found may cause notice to be advertised in the Gazette, 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 Resident Magistrate, unless the owner or any person on his behalf, or other person interested in the goods or things, show 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 be destroyed or otherwise disposed of in such manner as the Court by which the same are forfeited may direct, and the Court may, out of any procees 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. 11. On any prosecution under this Ordinance the Court may order costs to be paid to the accused by the complainant, or to the complainant by the accused, having regard to the information given by, and the conduct of, the accused and complainant respectively. 12. No prosecution for an offence against this Ordinance shall be commenced after the expiration of three years next after the commission of the offence, or year next after the first discovery thereof by the complainant, whichever expiration first happens. 13. (1) All goods liable to forfeiture under this Ordinance, and also all goods of foreign manufacture bearing any name or trade mark being, or purporting to be, the name or trade mark of any manufacturer, dealer, or trader in this Colony, unless such name or trade mark is accompanied by a definite indication of the country in which the goods were made or produced, are hereby prohibited to be imported into this Colony, and if any such goods as aforesaid shall be imported into this Colony contrary to the provisions hereof the same shall be forfeited. (2) The words goods of foreign manufacture" in the last preceding sub-section shall be taken to mean all goods manufactured, made, or produced at any place outside the limits of this Colony. (3) Before detaining any such goods, or taking any further proceedings with a view to the forfeiture thereof under the law relating to the Customs, the officers of Customs may require the regulations under this section, whether as to information, security, conditions, or other matters, to be complied with, and may satisfy themselves in accordance with these regulations that the goods are such as are prohibited by this section to be imported. (4) The Lieutenant-Governor may, by notice in the Gazette, from time to time, make, revoke, and vary regulations, either general or special, respecting the detention and forfeiture of goods. the importation of which is prohibited by this section, and the conditions (if any) to be fulfilled before such detention and forfeiture, and may by such regulations determine the information, notices, and security to be given, and the evidence requisite for any of the purposes of this section, and the mode of verification of such evidence. (5) Where there is on any goods a name which is identical with, or a colourable imitation of the name of a place in this Colony, that name, unless accompanied by the name of the country in which such place is situate, shall be treated for the purposes of this section as if it were the name of a place in this Colony. (6) Such regulations may apply to all goods the importation of which is prohibited by this section, or different regulations may be made respecting different classes of such goods, or offences in relation to such goods. (7) The regulations may provide for the informant reimbursing the Director of Customs all expenses and damages incurred in respect of any detention made on his information, and of any proceedings consequent on such detention. 14. On the sale, or in the contract for the sale of any goods, to which a trade mark or mark or trade description has been applied, the vendor shall be deemed to warrant that the mark is a genuine trade mark, and not forged or falsely applied, or that the trade description is not a false trade description within the meaning of this Ordinance, unless the contrary is expressed in some writing signed by or on behalf of the vendor, and delivered at the time of the sale or contract to, and accepted by, the vendee. 15. Where, at the promulgation of this Ordinance, a trade description is lawfully and generally applied to goods of a particular class, or manufactured by a particular method, to indicate the particular class or method of manufacture of such goods, the provisions of this Ordinance with respect to false trade descriptions shall not apply to such trade description, when so applied; provided that where such trade description includes the name of a place or country, and is calculated to mislead as to the place or country where the goods to which it is applied were actually made or produced, and the goods are not actually made or produced in that place or country, this section shall not apply, unless there is added to the trade description, immediately before or after the name of that place or country, in an equally conspicuous manner with that name, the name of the place or country in which the goods were actually made or produced, with a statement that they were made or produced there. 16. (1) The provisions of this Ordinance shall not extend or apply to the following goods :- (a) goods imported into this Colony within three months after the taking effect of this Ordinance, where the offending trade mark, mark, or trade description shall have been applied to such goods or things prior to such importation ; (b) goods or things manufactured, prepared, or manipulated in this Colony before the promulgation of this Ordinance, where the offending trade mark, mark, or trade description shall have been applied prior to such promulgation; provided always that the onus of proof as to the time of importation, manufacture, preparation, or manipulation, and as to the date of application of the offending trade mark, mark, or trade description, shall lie on the importer or owner of the goods or things. (2) It shall be lawful for the Lieutenant-Governor, by Proclamation in the Gazette, at the request of the Government of any other Colony or Territory, to exempt, under such regulations as he may approve of, any goods or things imported directly into such Colony or Territory, while in transit through this Colony; provided that goods or things so exempted shall, in case of re-importation into this Colony, become subject to the provisions of this Ordi nance. 17. (1) This Ordinance shall not exempt any person from any action, suit or other proceeding which might, but for the provisions of this Ordinance, be brought against him. (2) Nothing in this Ordinance shall entitle any person to refuse to make a complete discovery, or to answer any question or interrogatory in any action, but such discovery or answer shall not be admissible in evidence against such person in any prosecution for an offence against this Ordinance. (3) Nothing in this Ordinance shall be construed so as to render liable to any prosecution or punishment any servant of a master resident in this Colony, who bonâ fide acts in obedience to instructions of such master, and on demand made by or on behalf of the prosecutor has given full information as to his master. |