determined whether the same are or are not liable to forfeiture under this Act.

(2.) 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 information or complaint may be laid for the purpose only of enforcing such forfeiture, and a District Magistrate may cause notice to be advertised 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 District Magistrate, 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 Act, 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 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.

12. On any prosecution under this Act 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 Act 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. 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 Act, unless the contrary is expressed in some writing sigued by or on behalf of the vendor, and delivered at the time of the sale or contract to and accepted by the vendee.

15. Where, at the passing of this Act, 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 Act 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.

16.-(1.) This Act shall not exempt any person from any action, suit, or other proceeding which might, but for the provisions of this Act, be brought against him.

(2.) Nothing in this Act 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 Act.

(3.) Nothing in this Act 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.

17. In this Act

The expression "Magistrates Summary Jurisdiction Acts" means the Act of the Leeward Islands No. 14 of 1873, and any Acts amending the same;

The expression "Magistrate's Court of Summary Jurisdiction" means any District Magistrate;

The expression "summary conviction" means a conviction before a District Magistrate.

18. This Act shall not come into operation unless and until the Officer administering the Government notifies by Proclamation that it is Her Majesty's pleasure not to disallow the same, and thereafter it shall come into operation upon such day as the Officer administering the Government shall notify by the same or any other Proclamation.

J. H. H. BERKELEY, Vice-President.

Passed the General Legislative Council the 17th December, 1887.

EDWARD BAYNES, Clerk.

Dated at Antigua, the 31st day of December, 1887, in the fiftyfirst year of Her Majesty's reign.

ACT of the Government of the Leeward Islands, to repeal the Act No. 2 of 1889, entitled "An Act to amend the Merchandize Marks Act, 1887,"* and to make other provisions in lieu thereof.

[No. 10.]

(L.S.) W. F. HAYNES SMITH.

[February 10, 1890.]

WHEREAS it is expedient to make further provision for prohibiting the importation of goods which, if sold, would be liable to forfeiture under the Principal Act:

Be it enacted by the Governor and General Legislative Council of the Leeward Islands as follows:

1.-(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 or the Colony or any British possession, unless such name or trade-mark is accompanied with a definite indication of the country in which the goods were made or purchased, are hereby prohibited to be imported into the Colony, and, subject to the provisions of this section, shall be included among the goods prohibited to be imported as if they were so specified in the Customs Laws in force in the Colony and any Presidency thereof, and if any such goods as aforesaid shall be imported or brought into the Colony such goods shall be forfeited, and may be destroyed or otherwise disposed of as the Governor may direct.

(2.) Before detaining any such goods or taking any further proceedings with a view to the forfeiture thereof under the law relating to the customs, the Governor 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 Couucil may from time to time revoke and vary regulations, either general or special, respecting the detention or forfeiture of goods the importation of which is prohibited by this section, and the condition, 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 identical with, or a colourable imitation of, the name of a place in the United Kingdom or the Colony or any British possession, that name, unless accom

* Page 111.

panied with 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 or the Colony or such British possession respectively.

(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 Treasury concerned all expenses and damages incurred in respect to 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 "Leeward Islands Gazette."

(8.) This section shall have effect as if it were part of "The Customs Consolidation Act, 1876," and were made expressly applicable to this Colony.

2. This Act shall, so far as is consistent with the tenour thereof, be read as one with the Act No. 34 of 1887 herein referred to as the Principal Act," and this Act shall be referred to as "The Merchandize Marks Act Amendment Act, 1890."

3. The Act No. 2 of 1889, entitled "An Act to amend the Merchandize Act, 1887," is hereby repealed.

THOS. D. FOOTE, President.

Passed the General Legislative Council the 10th February, 1890.

W. M. GORDON, Clerk.

Dated at Dominica, the 3rd day of March, 1890, in the fiftythird year of Her Majesty's reign.

ACT of the Government of the Leeward Islands, to amend the

[No. 17.]

Trade-marks Act.

[February 11, 1890.]

(L.S.) W. F. HAYNES SMITH.

WHEREAS it is expedient to amend "The Trade-Marks Act, 1887,"* hereinafter referred to as the "

Principal Act:"

Be it therefore enacted by the Governor and General Legislative Council of the Leeward Islands as follows:

1. This Act may be cited as "The Trade-Marks Act, 1887,

* Page 101.

Amendment Act, 1890," and shall be read as one with "The TradeMarks Act, 1887," hereinafter referred to as the "Principal Act," and this Act and the Principal Act may be together cited as "The Trade-Marks Act, 1887 and 1890."

2. To section 3 of the Principal Act the following sub-section shall be added:

"(5.) When an applicant for the registration of a trade-mark otherwise than under an International Convention is out of the Colony at the time of making the application, he shall give the Registrar an address for service in the Colony, and if he fails to do so the application shall not be proceeded with until the address has been given."

3. In section 4 of the Principal Act, for the words "the application shall be deemed to be abandoned," shall be substituted the words "the Registrar shall give notice of the non-completion to the agent (if any) employed on behalf of the applicant, and if, at the expiration of fourteen days from that notice the registration is not completed, shall give the like notice to the applicant (to be left at his address within the Colony if he be out of the Colony), and if at the expiration of the latter fourteen days, or such further time as the Registrar may in special cases permit, the registration is not completed, the application shall be deemed to be abandoned."

4. For section 5 of the Principal Act the following section shall be substituted, namely:

“5.—(1.) For the purposes of this Act a trade-mark must consist of or contain at least one of the following 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

or

"(c.) A distinctive device, mark, brand, heading, label, or ticket;

"(d.) An invented word or invented words; or

"(e.) A word or words having no reference to the character or quality of the goods, and not being a geographical name.

"(2.) There may be added to any one or more of the essential particulars mentioned in this section any letters, words, or figures, or combination of letters, words, or figures, or any of them, but the applicant for the registration of any such additional matter must state in his application the essential particulars of the trade-mark, and must disclaim in his application any right to the exclusive use of the added matter, and a copy of the statement and disclaimer shall be entered on the register.

"(3.) Provided as follows: