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And may issue

order inspec

such wrongful act, or the commission of any similar act, in which the plaintiff obtains a judgment or decree against the defendant, the court shall have power to direct every such chattel and article to be destroyed or otherwise disposed of: and in every such suit in a court of law, the court may, upon injunction to giving judgment for the plaintiff, award a writ of injunction defendant. or injunctions to the defendant, commanding him to forbear from committing, and not by himself or otherwise, to repeat or commit any offence or wrongful act of the like nature as that of which he has been convicted by such judgment, and any disobedience of any such writ of injunction or injunctions shall be punished as a contempt of court: and in every such suit at law And may or in equity, it shall be lawful for the court, or a judge thereof, to tion of manumake such order as such court or judge thinks fit, for the inspec- factus pro tion of every or any manufacture or process carried on by made the defendant, in which any such forged or counterfeit trade mark or any such trade mark as aforesaid, is alleged to be used or applied as aforesaid, and of every or any chattel, article and thing, in the possession or power of the defendant, alleged to have thereon, or in any way attached thereto, any forged or counterfeit trade mark, or any trade mark falsely or wrongfully applied, and every or any instrument or mark in the possession or power of the defendant, used, or intended to be, or capable of being used for producing or making any forged or counterfeit trade mark, or trade mark alleged to be forged or counterfeit, or for falsely or wrongfully applying any trade mark and any person who refuses Penalty for or neglects to obey any such order, shall be held guilty of a con- refusing to tempt of court.

cess to be

allow inspec

tion.

mark,

22. In every case in which any person does, or causes to be Action for damages may done, any of the wrongful acts following, that is to say --forges be maintained or counterfeits any trade mark; or, for the purpose of sale or for against any the purpose of any manufacture or trade, applies any forged or a trade mark, person forging counterfeit trade mark to any chattel or article, or to any cask, or applying a bottle, stopper, cork, capsule, vessel, case, cover, wrapper, and, forged trade reel, ticket, label or thing in or with which any chattel or article er enclosing is intended to be sold, or is sold, or uttered, or exposed for sale, any article in cask, &c., or for any purpose of trade or inanufacture; or encloses or places to which any chattel or article in, upon, under or with any cask, bottle, forged trade stopper, cork, capsule, vessel, case, cover, wrapper, band, reel, applied, ticket, label or other thing, to which any trade mark has been or attaching, unlawfully, falsely applied, or to which any forged or counterfeit trade mark trade mark, or has been applied; or applies or attaches to any chattel or article, forged trade any case, cover, reel, wrapper, bend, ticket, label or other thing article, to which any trade mark has been falsely applied, or to which or attaching any forged or counterfeit trade mark has been applied; or encloses belonging to places or attaches any chattel or article in, upon, under, with another, to or to any cask, bottle, stopper, cork, capsule, vessel, case, cover, reel, wrapper, band, ticket, label or other thing having thereon any trade mark of any other person,-every person aggrieved by any such wrongful act, shall be entitled to maintain Damages. an action or suit for damages in respect thereof, against the per

son

mark, to any

trade mark,

any article.

Defendant, if he obtain judgment to recover full

costs in

actions

son guilty of having done such act, or causing or procuring the same to be done, and for preventing the repetition or continuance of the wrongful act, and the commission of any similar act.

23. In every action which any person under the provisions of this Act commences as plaintiff for or on behalf of Her Majesty, for recovering any penalty or sum of money, if the defendant obtains judgment, he shall be entitled to recover his costs of suit, which shall include a full indemnity for all the costs, charges and behalf of Her expenses by him expended, or incurred in, about or for the purMajesty. poses of the action, unless the court or a judge thereof directs that costs of the ordinary amount only shall be allowed.

brought on

In certain

may be required to give security for costs.

24. In any action which any person, under the provisions of cases, plaintiff this Act, commences as plaintiff for or on behalf of Her Majesty for recovering any penalty or sum of money, if it be shown to the satisfaction of the court, or a judge thereof, that the person suing as plaintiff for, or on behalf of Her Majesty, has no ground for alleging that he has been aggrieved by the committing of the alleged offence, in respect of which the penalty or sum of money is alleged to have become payable, and also that the person so suing as plaintiff is not resident within the jurisdiction of the court, or is not a person of sufficient property to be able to pay any costs which the defendant may recover in the action, the court or judge may order that the plaintiff shall give security, by the bond or recognizance of himself and a surety, or by the deposit of a sum of money or otherwise, as the court or judge thinks fit, for the payment to the defendant of any costs which he may be entitled to recover in the action.

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25. This Act shall commence and take effect on the first day of September, in the present year, one thousand eight hundred and seventy-two, and the thirtieth and thirty-first sections of the Act passed in the Session held in the thirty-second and thirty-third years of Her Majesty's reign, intituled:-"An Act respecting Forgery," and the ninth section of "The Trade Mark and Design Act of 1868," are hereby repealed, as regards offence committed after this Act comes into force.

any

26. The expression "The Trade Marks Offences Act, 1872," shall be a sufficient description and citation of this Act.

CAP

CAP. XXXIII.

An Act for the avoidance of doubts respecting Larceny

of Stamps.

[Assented to 14th June, 1872.]

FOR the avoid in the thirty-second and thirty-third years of 32, 33 V., c.

avoidance of doubts under the Act passed in the Preamble.

21.

Her Majesty's reign and intituled "An Act respecting Larceny and 31 V., c. 10. other similar offences," and "The Post Office Act, 1867," Her Majesty by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

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chattel pro

under 32 & 33

c. 10.

1. Every Postal Card, Postage Stamp and every other Stamp Stamps, &c., to issued or prepared for issue by the authority of the Parliament of be deemed Canada or of the Legislature of any Province in Canada, for the pay-perty and subment of any rate or duty on bills of exchange, or promissory notes, jects of larceny or law proceedings, or of any rate or duty whatever, and whether Vict., c. 21, still in the possession of the Crown or of any person or and 31 Vict., corporation of any officer or agent of the Government of Canada or of the Province by the authority of the Legislature whereof it was issued or prepared for issue, shall be held to be a chattel and 'property" within the meaning of the Acts cited in the preamble to this Act, and of all the enactments and provisions thereof, and to be equal in value to the amount of the postage, rate or duty which can be paid by it, and is expressed on its face in words or figures, or both; and in any indictment or proceeding for larceny, or any other offence against either of the said Acts, in respect of any such stamp, the property thereof may be laid in the person in whose possession, as the owner thereof, it was when the larceny or offence was committed, or in the Crown if it was then unissued or in the possession of any officer or agent of the Government of the Dominion or of the Province by authority of the Legislature whereof it was issued or prepared for issue.

this Act.

2. Nothing in this Act shall be construed as intending that Intention of such stamps as aforesaid were not without this Act chattel property and subjects of larceny at common law, and under the Acts cited in the preamble.

CAP.

Preamble.

Error in Sec. 3

CAP. XXXIV.

An Act to correct a clerical error in the Act respecting malicious injuries to property.

[Assented to 14th June, 1872.]

there a clerical error in the Act hereinafter

cited, which it is expedient to correct: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. The word "not" in the last line but two of the third section of 32, 33 Vic., of the English version of the Act passed in the Session held in the Cap. 22, corrected. thirty-second and thirty-third years of Her Majesty's Reign, intituled "An Act respecting malicious injuries to property," as printed by the Queen's Printer, is declared to have been inserted by a clerical error, and shall be struck out and form no part of the said section, in the French version of which the said error does not

occur.

Preamble.
32, 33, V., c. 21.

Short Titles.

CAP. XXXV.

An Act to amend the Law relating to Advertisements respecting Stolen Goods.

[Assented to 14th June, 1872.]

HEREAS under section one hundred and sixteen of the

WHEREAS under on elude the and sixteen of the

Act passed in the Session held in the thirty-second and thirty-third years of Her Majesty's reign, chapter twenty-one, intituled "An Act respecting Larceny and other similar Offences," whosoever prints or publishes advertisements for the return of stolen goods without questions being asked, or the like advertisements therein mentioned, forfeits the sum of two hundred and fifty dollars for any such offence, to any person who will sue for the same by action of debt to be recovered with full costs of suit::

And whereas it is expedient to place such actions under certain restrictions: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. This Act may be cited as The Larceny Advertisements Act, 1872, and shall be construed as one Act with the recited Act, which may be cited as The Larceny Act, 1869, and that Act and this Act may be cited together as The Larceny Acts, 1869 and

1872.

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2. In this Act, the term "newspaper means newspaper as Interpretadefined for the purposes of the Acts for the time being in force tion. relating to the carriage of newspapers by post.

3. Every action against the printer or publisher of a news Action must paper to recover a forfeiture under section one hundred and be brought sixteen of "The Larceny Act, 1869," shall be brought within six months. months after the forfeiture is incurred.

4. This Act shall take effect on the First day of July next.

within six

Commencement of Act.

CAP. XXXVI.

An Act to amend the Act, Chapter 47 of the Consolidated Statutes for Upper Canada, intituled "An Act respecting Rivers and Streams."

[Assented to 14th June, 1872.]

THEREAS it is expedient to amend the Act, chaptered Preamble. forty-seven of the Consolidated Statutes for Upper Canada, intituled, “ An Act respecting Rivers and Streams," by bringing under the operation thereof the River Sydenham, in the Province of Ontario: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commous of Canada, enacts as follows:

1. The first section of the herein before cited Act shall hereafter Section 1 of be read and interpreted as if the words "the River Sydenham," Cap. 47, "C. S. U. C., were inserted in the fifth line of the said first section, after the amended. word "Thames."

CAP. XXXVII.

An Act to extend the Canadian Tariff of duties of Customs and Excise, and certain Acts relating to Customs and the Revenue, to the Province of British Columbia,

[Assented to 14th June, 1872.]

34 V., c. 13.

HEREAS, by the Act passed in the thirty-fourth year of Preamble. Her Majesty's reign, and intituled: "An Act respecting the force and effect of the Acts of the Parliament of Canada, in and in relation to the Province of Manitoba, and the Colony of British Columbia

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