IPIN/l/SWZIE/l
Page 6
Necessary allegation.
'7.
In any indictment, charge, pleading, proceeding OT 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 Dr forged trade mark.
Proof 0..( origin.
·8..
In any prosecution for all offence against this Act evidence of the port of shipment
.of imported goods shall be prima facie evidence of the place or country in which the goods
were made or produced.
.A ccessory to crime.
9.
A.. ny person who being within Swaziland procures, counsels, aids, abets or is acces
.scry to the commission outside Sv..' azilarid of all act which if committed in Swaziland would
under this Act be aD. offence s11311 be guilty of that offence as a principal, and shall be liable
to be indicted, proceeded against/ tried and convicted in any place in Swaziland in which be
may be as if the offence had been there committed.
Power of entry and search.
10.
(1) If upon information of an offence against this Act there has been issued in' due
form of law either a summons requiring the person charged by SUCll 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 thelaw', 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 lias been committed are in any
11GUSe or premises of the person charged or arrested or otherwise in l1is possession or under
. his control in any plate, the person issuing such summons or warrant or other such officer
as aforesaid as the case may' be, may issue a wan-ant under his hand by virtue of which any
police officer named or referred to in the warrant may enter- such house, premises or place
at any reasonable time by day and search there for and seize and take away those goods or
things.
(2) Any goods or things seized under such warrant shall be brought before a magis
trate's court having jurisdiction in respect of such offence for the purpose of its being deter
mined whether the same are or are Dot liable to forfeiture under this Act..
Forfeiture.
(3) If the owner of any goods or things which if the owner thereof had been convicted
would be liable to forfeiture under this Act is unknown or cannot be found, an jnformation
or complaint may be laid for the purpose only of enforcing such forfeiture and the clerk to
.a magistrate's court 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
arid place the court may, unless the owner or any person on his behalf or other person interest
-ed L.TJ. the goods or things show cause to the contrary, order such goods or things or anyone
.of them to be'Torfeiied.