Merchandise Marks. |Ch. 31. No. 17.

933

 

place, such Magistrate may issue a warrant under his
hand by virtue of which it shall be lawful for any constable
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 a Magistrate 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, a 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, 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 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.

12. On any prosecution under this Ordinance, the court
may order costs to be paid to the defendant by the prose-
cutor, or to the prosecutor by the defendant, having regard
to the information given by and the conduct of the defendant
and prosecutor respectively.

13. 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 one year next after
the first discovery thereof by the prosecutor, whichever
expiration first happens

Disposal of
goods
forfeited.

Costs.

Limitation.