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(4) Any .goods or things forfeited under this Act may be destroyed:" or otherwise
disposed of in such m-anner 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.
Costs.
11.
On any prosecution under this Act the court may order costs to be p-aid to the
accused by the complainant or to the complainant by the accused having regard to the inform-
ation given by and tbe conduct of the accused and complainant respectively.
Limitation of action.
12.
No prosecution for an offence against this Act shall be commenced after the
expiry of three years after the commiss-Ion ,of the offence or one year after the first discovery
thereof by the complainant whichever first occurs.
Prohibition ofimporation.
13.
(1) All goods liable to forfeiture under this Act and also all goods of foreign manu
facture bearing any name or trade mark being or purporting to be the name or tra..de mark of'
any manufacturer, dealer or trader in Swaziland unless such name or trade mark is accom
panied by a definite indication of the country in which the goods were made or produced
, are hereby prohibited to be imported and if any SUCll goods are be imported contrary to 'the
provisions hereof they shall be forfeited.
(2) The words "goods of foreign manufacture" in sub-section (1) shall mean all
'goods manufactured, made or produced at any place outside Swaziland.
(3) Before detaining any such goods or taking any further proceedings with a view
to the forfeiture thereof under the law relating to 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 prohibited by this section to be imported.
(4) The Minister may by notice in the Gazette make regulations either general or
special relating to the detention and forfeiture of goods the importation of which is pro
hibited by this section and the conditions if any to be fulfilled before such detention and
forfeiture, and may by su.ch regulations determine the information, notices and security to be
given and the evidence requisite for a11Y of the purposes of this section and the .mode of
verification of such evidence.
(5) If on any goods there is a name which is identical with or a colourable imitation
of the name of a place in Swaziland 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 Swaziland.
(6) If any goods which if sold would be liable to forfeiture under this Act are import
ed into Swaziland, and the goods bear any name or trade mark being or purporting to be
the name or trade mark of any manufacturer dealer or trader in Sw-aziland, and the director
of customs and excise is upon representations made to him satisfied that the use of the name.