Merchandise Marks. (Ch. 31. No. 17.

with respect to the persons from whom he obtained
such goods or things, or
(c) that otherwise he had acted innocently,
be guilty of an offence.

(3) Every person guilty of an offence under this
Ordinance shall be liable—

(i) on conviction on indictment, to imprisonment for
two years, or to a fine, or to both imprisonment and
fine; and

(1) on summary conviction, to imprisonment for
four months, or to a fine of ninety-six dollars, and in the
case of a subsequent conviction, to imprisonment for
six months, or to a fine of two hundred and forty
dollars; and

(ili) in any case to forfeit to the Crown every chattel,
article, instrument, or thing by means of or in relation
to which the offence has been committed.

(4) The court before whom any person is convicted
under this section may order any forfeited articles to be
destroyed or otherwise disposed of as the court thinks fit.

(5) Any offence for which a person is under this
Ordinance liable to punishment on summary conviction
may be prosecuted, and any articles liable to be forfeited
under this Ordinance may be forfeited, in manner prescribed
by the Summary Courts Ordinance: Provided that a person
charged summarily with any offence under this section
shall, on appearing before the court, and before the charge
is gone into, be informed of his right to be tried on indict-
ment, and if he requires be so tried accordingly.

4. A person shall be deemed to forge a trade mark who
either
(a) without the assent of the proprietor of the trade
mark makés that trade mark or a mark so nearly
resembling that trade mark as to be calculated to
deceive; or
(b) falsifies any genuine trade mark, whether by
alteration, addition, effacement, or otherwise;
and any trade mark or mark so made or falsified is in this
Ordinance referred to as a forged trade mark:
T.—IV. 59

929

Punishment
of offence
against
Ordinance.

Destruction
of forfeited
articles.

Jurisdiction.

Forging
trade mark.