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ORDINANCE of the Government of Hong Kong, to amend "The Chinese Emigration Consolidation Ordinance, 1889.”* [No. 22.]

F. FLEMING,

Officer administering the Government.

[December 17, 1890.]

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:

1. If any person shall be found on board any passenger-ship with intent to obtain a passage therein without the consent of the owner, charterer, or master thereof, such person, and every person aiding and abetting him in such fraudulent intent, shall respectively be liable to a penalty not exceeding 500 dollars, and in default of payment to imprisonment, with or without hard labour, for a period not exceeding six calendar months; and such person so found on board may be taken before any Justice of the Peace, without warrant, and such Justice may summarily hear the case, and on proof of the offence convict such offender as aforesaid.

Passed the Legislative Council of Hong Kong, this 17th day of November, 1890.

F. A. HAZELAND, Acting Clerk of Councils.

Assented to by his Excellency the Officer administering the Government, the 17th day of December, 1890.

W. M. DEANE, Acting Colonial Secretary.

ACT of the Government of the Cape of Good Hope, to establish a Register of Trade-Marks in that Colony.

[No. 22.]

[Assented to August 8, 1877.]

WHEREAS it is expedient to establish in this Colony a register of trade-marks:

Be it enacted by the Governor of the Cape of Good Hope, with the advice and consent of the Legislative Council and House of Assembly thereof, as follows:

* Vol. LXXXI, page 766.

1. A register of trade-marks as defined by this Act and of the proprietors thereof shall be established and kept by the Registrar of Deeds in the office of the said Registrar of Deeds; and from and after the 1st day of July, 1878, a person shall not be entitled to institute any proceeding to prevent or to recover damages for the infringement of any trade-mark as defined by this Act until and unless such trade-mark is registered in pursuance of this Act.

2. A trade-mark must be registered as belonging to particular goods or classes of goods, and when registered shall be assigned and transmitted only in connection with the good-will of the business concerned in such particular goods or classes of goods, and shall be determinable with such good-will; but, subject as aforesaid, registration of a trade-mark shall be deemed to be equivalent to public use of such mark.

3. The registration of a person as first proprietor of a trademark shall be primâ facie evidence of his right to the exclusive use of such trade-mark, and shall, after the expiration of five years from the date of such registration, be conclusive evidence of his right to the exclusive use of such trade-mark, subject to the provisions of this Act as to its connection with the good will of a business.

4. Every proprietor registered in respect of a trade-mark subsequently to the first registered proprietor shall, as respects his title to that trade-mark, stand in the same position as if his title were a continuation of the title of the first registered proprietor.

5. If the name of any person who is not for the time being entitled to the exclusive use of a trade-mark in accordance with this Act, or otherwise in accordance with law, is entered on the register of trademarks as a proprietor of such trade-mark, or if the Registrar refuses to enter on the register as proprietor of a trade-mark the name of any person who is for the time being entitled to the exclusive use of such trade-mark in accordance with this Act, or otherwise in accordance with law, or if any mark is registered as a trade-mark which is not authorized to be so registered under this Act, any person aggrieved may apply in the prescribed manner for an order of the Court that the register may be rectified, and the Court may either refuse such application, or it may, if satisfied with the justice of the case, make an order for the rectification of the register, and may award damages to the party aggrieved. Where each of several persons claims to be registered as proprietor of the same trademark, the Registrar may refuse to comply with the claims of any such persons until their rights have been determined by the Court, and the Registrar may himself submit or require the claimants to submit in the prescribed manner their rights to the Court. The Court may, in any proceeding under this section, decide any question as to whether a mark is or is not such a trade-mark as is authorized

to be registered under this Act; also any question relating to the right of any person who is party to such proceeding to have his name entered on the register of trade-marks, or to have the name of some other person removed from such register; also any other question that it may be necessary or expedient to decide for the rectification of the register. Whenever any order has been made rectifying the register, the Court shall by its order direct that due notice of such rectification be given to the Registrar.

6. The Registrar shall not, without the special leave of the Court, to be given in the prescribed manner, register in respect of the same goods or classes of goods a trade-mark identical with one which is already registered with respect to such goods or classes of goods, and the Registrar shall not register with respect to the same goods or classes of goods a trade-mark so nearly resembling a trademark already on the register with respect to such goods or classes of goods as to be calculated to deceive. It shall not be lawful to register as part of, or in combination with, a trade-mark any words the exclusive use of which would not, by reason of their being calculated to deceive or otherwise, be deemed entitled to protection in a Court of Equity in England, or any scandalous designs.

7. The Registrar of Deeds may from time to time, with the consent of the Governor as to fees, make, and when made, alter, annul, or vary such general rules as to the registry of trade-marks, and as to notices to be given by advertisement before the registration of trade-marks, and as to the classification of goods for the purposes of this Act, and as to the registration of first and subsequent proprietors of trade-marks, and as to the fees to be charged for registration, and also for the continuance of a trade-mark on the register or otherwise and as to the removal from the register of any trade-mark, as to notices and as to the persons entitled to inspect the register, and as to any proceedings to be taken to obtain the judgment or leave of the Court in any matter in which the judgment or leave of the Court is required to be obtained under this Act, and generally for the purpose of carrying into effect this Act, as he may deem expedient. Any rules made in pursuance of this section shall be forthwith laid before both Houses of Parliament if Parliament be then sitting, or if not then sitting, then within ten days after the then next assembling of Parliament, and shall be of the same validity as if they had been enacted by Parliament: Provided that if either House of Parliament resolve, within one month after such rules have been laid before such House, that any of such rules ought not to continue in force, any rule in respect of which such Resolution has been passed shall, after the date of such Resolution, cease to be of any force, without prejudice, nevertheless, to the making of any

other rule in its place, or to anything done in pursuance of any such rules before the date of such Resolution.

8. The certificate of the Registrar as to any entry, matter, or thing which he is authorized by this Act, or any general rules made thereunder, to make or do, shall be evidence of such entry having been made, and of the contents thereof, and of such matters and things having been done or left undone.

9.* For the purposes of this Act—

A trade-mark consists of one or more of the following essential particulars, that is to say:

A name of an individual or firm printed, impressed, or woven in some particular and distinctive manner; or

A written signature or copy of a written signature of an individual or firm; or

A distinctive device, mark, heading, label, or ticket;

And there may be added to any one or more of the said particulars any letters, words, or figures, or combination of letters, words, or figures; also

Any special and distinctive word or words, or combination of figures or letters used as a trade-mark before the passing of this Act may be registered as such under this Act.

"Prescribed" means prescribed by general rules made in pursuance of this Act; and

"Court" means the Supreme Court, or as to matters within the districts over which the Court of the eastern districts has jurisdiction, the Court of the eastern districts, or any Court which may be declared to be a Court for the purposes of this Act, by such general rules as aforesaid.

10. This Act may be cited for all purposes as "The Trade-Marks Registration Act, 1877."

* Amended by Act No. 27 of 1891, page 1158.

ACT of the Government of the Cape of Good Hope, to amend "The Trade Marks Registration Act, 1877.”*

[No. 27.]

[Assented to August 18, 1891.]

Be it enacted by the Governor of the Cape of Good Hope, with the advice and consent of the Legislative Council and House of Assembly thereof, as follows:

1. For the purposes of "The Trade-Marks Registration Act, 1877," a trade-mark must henceforth consist of, or contain, at least one of the following essential particulars :

(a.) A name of an individual or firm printed, impressed, or woven in some particular and distinctive manner; or

(b.) A written signature, or copy of a written signature of the individual or firm applying for registration thereof as a trademark; or

(c.) A distinctive device, mark, brand, heading, label, ticket, or fancy word or words not in common use;

And there may be added to any one or more of these particulars any letters, words, or figures, or combination of letters, words, or figures, or any of them: Provided also that any special and distinctive word or words, letter, figure, or combination of letters or figures or of letters and figures, used as a trade-mark before the 8th day of August, 1877, may be registered as a trade-mark under the said Act.

2. This Act may be cited as "The Trade-Marks Registration Amendment Act, 1891," and so much of "The Trade-Marks Registration Act, 1877," or any other law as may be repugnant to, or inconsistent with, this Act is hereby repealed.

ACT of the Government of Tasmania, to regulate and restrict

[No. 9.]

Chinese Immigration.

[November 7, 1887.]

WHEREAS it is expedient to regulate and restrict the immigration and introduction of Chinese into Tasmania :

Be it therefore enacted by his Excellency the Governor of

* Page 1154,

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