.. , Merchandise Marks
No. 20
1963
7
(4) Before removing any goods. account or document under the
provisions of this section. the inspector or officer removing it shall furnish
the peI"SQn in whose custOdy or possession the goods are at the time of
removal with a written receiptthereior; .
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(5) Every seizure under paragraph (c) of sUbsection (1) of this section
shall be reported .without unnecessary delay to a magistrate.
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13• .The court · before whom any person is ~Onyictedof . an 'offence Forfeiture .
against this Act may decl~re ~nygood8illrespect ,orhy means of which ~~~~~n
the offence was committed ~o be forfeited.
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14. If the owner of any goOds or things which. if the owner thereof Forfeitur~
had been convicted. would be liable to forfeiture under this Act is ~=~sor
unknown or cannot be found. a charge or complaint .may be .laid for the owner
purpose only of enforcing such forfeiture and ,a subordinate court
may cause notice to be advertised stating that. rinl~cause is shown to
the contrary at the time and place nained in the notice. such goods ' or
things will be forfeited. and at such time and place the court. unless the
owner or any person on his behalf. or other person interested in the
goods or things, shows cause to the contrary, may order such goods or
things or any of them to be forfeited.
15. Any goods or things forfeited under this Act may be destroyed ~=!
or otherwise disposed of in such manner as the court: by which the same forfeited
are forfeited may direct. and the court may. out of any proceeds which
may be realized by the disposal of such goods (aU trade marks and
trade descriptions being first obliterated), award to any itlllocent party
any loss he may have innocently sustained in dealing with such goods.
16.-(1) Where, in any prosecution under this Act, the consent of Bvidence
the proprietor of a trade mark is a relevant issue. the onus of proving
the consent of such proprietor shall lie on the accused.
(2) In any prosecution for an offence against th$ Act, in the case
of imported goods, evidence of the place from which the goods were
consigned to Tanganyika shall be prima facie evidence of the place or
country in which the goods were made or produced.
17. No prosecution for an offence against this Act shall be com- Limitati,?n of
menced after the expiration of five years next after the date on which pr06CCUtion
the offence was alleged to have been committed.
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18. Where any offence against this Act is committed by a company, Offence!! by
firm or other association of individuals, every person who at the time of compames
the offence was a director. manager, secretary or other similar officer of
such company, firm or association, or who was at that time concerned
or purported to act in the management of its affairs, shall be ·severally
liable to prosecution and punishment in like manner as · if he · had
himself · · committed the offence, unless he ·proves·· that ,the /otlenee . was
committed without his consent and that he took all .reasonable steps to
prevent its commission.
19.· The Penal COde is hereby amended .by · ·repea:ling Chapter Amendment
XXXVIll thereof.
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Passed .in the National Assembly on the
1963.
Penal Code
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. Cap. 16
twerity~fourth day of April,
ci~7S;'if;z,~~;
Printed by the Government Printer, Dar es Salaam.