7. Where a watch-case has thereon any words or marks which constitute, or are by common repute considered as constituting, a description of the country in which the watch was made, and the watch bears no description of the country where it was made, those words or marks shall prima facie be deemed to be a description of that country within the meaning of this Ordinance, and the provisions of this Ordinance with respect to goods to which a false trade description has been applied, and with respect to selling or exposing for, or having in possession for, sale, or any purpose of trade or manufacture, goods with a false trade description, shall apply accordingly, and for the purposes of this section the expression "watch means all that portion of a watch which is not the watch-case. 8. In any information, pleading, proceeding, or 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 or forged trade-mark. 9. In any prosecution for an offence against this Ordinance(1.) A defendant, and his wife or her husband, as the case may be, may, if the defendant thinks fit, be called as a witness, and, if called, shall be sworn and examined, and may be cross-examined and re-examined in like manner as any other witness. (2.) In the case of imported goods, evidence of the port of shipment shall be prima facie evidence of the place or country in which the goods were made or produced. 10. Any person who, being within the Colony, procures, counsels, aids, abets, or is accessory to the commission, without the Colony, of any act which, if committed in the Colony, would under this Ordinance be a misdemeanour, shall be guilty of that misdemeanour as a principal, and be liable to be proceeded against, tried, and convicted in any place in the Colony in which he may be, as if the misdemeanour had been there committed. 11.-(1.) Where, upon information of an offence against this Ordinance, a Justice has issued either a summons requiring the defendant charged by such information to appear to answer to the same, or a warrant for the arrest of such defendant, and either the said Justice on or after issuing the summons or warrant, or any other Justice, 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 has been committed are in any house or premises of the defendant, or otherwise in his possession or under his control in any place, such Justice may issue a warrant under his hand by virtue of which it shall be lawful for any constable authorized by the warrant, to enter such house, premises, or [1891-92. LXXXIV.] 4 F place at any reasonable time by day, and to search there for and seize and take away those goods or things; and any goods or things seized under any such warrant shall be brought before a Court of summary jurisdiction for the purpose of its being determined whether the same are or are not liable to forfeiture under this Ordinance. (2.) If the owner of any goods or things which, if the owner thereof had been convicted, would be liable to forfeiture under this Ordinance, is unknown or cannot be found, an information or complaint may be laid for the purpose only of enforcing such forfeiture, and a Court of summary jurisdiction may cause notice to be advertized 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 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. (3.) Any goods or things forfeited under this section, or under any other provision of this Ordinance, may be destroyed or otherwise disposed of, in such manner as the Court by which the same are forfeited may direct, and the Court may, out of any proceeds which may be realized by the disposition of such goods (all trade-marks and trade descriptions being first obliterated), award to any inuocent party any loss he may have innocently sustained in dealing with such goods. 12. On any prosecution under this Ordinance the Court may order costs to be paid to the defendant by the prosecutor, or to the prosecutor by the defendant, having regard to the information given by, and the conduct of, the defendant and prosecutor respectively. 13. No prosecution for an offence against this Ordinance shall be commenced after the expiration of three years next after the commission of the offence, or one year next after the first discovery thereof by the prosecutor, whichever expiration first happens. 14. Whereas it is expedient to make further provision for prohibiting the importation of goods which, if sold, would be liable to forfeiture under this Ordinance : Be it therefore enacted as follows: (1.) All such goods, and also all goods of foreign manufacture bearing any name or trade-mark being or purporting to be the name or trade-mark of any manufacturer, dealer, or trader in the United Kingdom, unless such name or trade-mark is accompanied by a definite indication of the country in which the goods were made or produced, are hereby prohibited to be imported into the Colony, and, subject to the provisions of this section, shall be forfeited and may be seized by any officer of Customs, and may be destroyed or otherwise disposed of as the Collector shall direct. (2.) Before detaining any such goods, or taking any further proceedings with a view to the forfeiture thereof, the Governor in Council may require the regulations under this section, whether as to information, security, conditions, or other matters, to be complied with, and may satisfy himself in accordance with those regulations that the goods are such as are prohibited by this section to be imported. (3) The Governor in Council may from time to time make, revoke, and vary regulations, either general or special, respecting the detention and forfeiture of goods the importation of which is prohibited by this section, and the conditions, if any, to be fulfilled before such detention and forfeiture, and may by such regulations determine the information, notices, and security to be given, and the evidence requisite for any of the purposes of this section, and the mode of verification of such evidence. (4.) Where there is on any goods a name which is identical with, or a colourable imitation of, the name of a place in the United Kingdom, 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 the United Kingdom. (5.) Such regulations may apply to all goods the importation of which is prohibited by this section, or different regulations may be made respecting different classes of such goods or of offences in relation to such goods. (6.) The regulations may provide for the informant reimbursing the Government all expenses and damages incurred in respect of any detention made on his information, and of any proceedings consequent on such detention. (7.) All regulations under this section shall be published in the "Government Gazette." 15. On the sale or in the contract for the sale of any goods to which a trade-mark, or mark, or trade description has been applied, the vendor shall be deemed to warrant that the mark is a genuine trade-mark and not forged or falsely applied, or that the trade description is not a false trade description within the meaning of this Ordinance, unless the contrary is expressed in some writing signed by or on behalf of the vendor and delivered at the time of the sale or contract to and accepted by the vendee. 16. Where, at the passing of this Ordinance, a trade description is lawfully and generally applied to goods of a particular class, or manufactured by a particular method, to indicate the particular class or method of manufacture of such goods, the provisions of this Ordinance with respect to false trade descriptions shall not apply to such trade description when so applied: Provided that where such trade description includes the name of a place or country, and is calculated to mislead as to the place or country where the goods to which it is applied were actually made or produced, and the goods are not actually made or produced in that place or country, this section shall not apply unless there is added to the trade description, immediately before or after the name of that place or country, in an equally conspicuous manner, with that name, the name of the place or country in which the goods were actually made or produced, with a statement that they were made or produced there. 17.—(1.) This Ordinance shall not exempt any person from any action, suit, or other proceeding which might, but for the provisions of this Ordinance, be brought against him. (2.) Nothing in this Ordinance shall entitle any person to refuse to make a complete discovery, or to answer any question or interrogatory in any action, but such discovery or answer shall not be admissible in evidence against such person in any prosecution for an offence against this Ordinance. (3.) Nothing in this Ordinance shall be construed so as to render liable to any prosecution or punishment any servant of a master resident in the Colony who bona fide acts in obedience to the instructions of such master, and, on demand made by or on behalf of the prosecutor, has given full information as to his master. 18. Any person who falsely represents that any goods are made by a person holding a Royal Warrant, or for the service of Her Majesty, or any of the Royal Family, or any Government Department, shall be liable, on summary conviction, to a penalty not exceeding 100 dollars. Passed the Legislative Council, this 25th day of June, 1888. REGINALD F. KNOLLYS, Clerk of I assent in Her Majesty's name, this 26th day of June, 1888. ACT of the Government of Newfoundland, respecting TradeMarks and the Registration thereof. [Chap. 21.] [Passed May 9, 1888.] 1. THIS Act may be cited as "The Merchandize Marks Act, 1888." 2.-(1.) Every person who (a.) Forges any trade-mark; or (b.) Falsely applies to goods any trade-mark, or any mark so nearly resembling a trade-mark as to be calculated to deceive; or (c.) Makes any die, block, machine, or other instrument for the purpose of forging, or of being used for forging, a trade-mark; or (d.) Applies any false trade description to goods; or (e.) Disposes of, or has in his possession, any die, block, machine, or other instrument for the purpose of forging a trade-mark; or (f.) Causes any of the things above in this section mentioned to be done; Shall, subject to the provisions of this Act, and unless he proves that he acted without intent to defraud, be guilty of an offence against this Act. (2.) Every person who sells, or exposes for sale, or has in his possession for sale, or for any purpose of trade or manufacture, any goods or things to which auy forged trade-mark or false trade description is applied, or to which any trade-mark, or mark so nearly resembling a trade-mark as to be calculated to deceive, is falsely applied, as the case may be, shall be guilty of an offence against this Act, unless he proves― (a.) That having taken all reasonable precautions against committing an offence against this Act, he had, at the time of the commission of the alleged offence, no reason to suspect the genuineness of the trade-mark, mark, or trade description; and (b.) That on demand made by, or on behalf of, the prosecutor, he gave all information in his power with respect to the persons from whom he obtained such goods or things; or (c.) That otherwise he had acted innocently. (3.) Every person guilty of an offence against this Act shall be liable (i.) On conviction, on indictment, to imprisonment, with or without bard labour, for a term not exceeding two years, or to fine, or to both imprisonment and fine; and (ii) On summary conviction to imprisonment, with or without bard labour, for a term not exceeding four months, or to a fine not exceeding 100 dollars; and in the case of a second or subsequent conviction, to imprisonment, with or without hard labour, for a term |