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“A person need not under this section disclaim his own name or the foreign equivalent thereof, or his place of business, but no entry of any such name shall affect the right of any owner of the same name to use that name or the foreign equivalent thereof."

5. In section 8 of the Principal Act the words “or coloursshall be added after the word " colour" in vach place where that word occurs.

6. In section 9 of the Principal Act, after the word “Registrar" shall be added the words “unless the Registrar refuse to entertain the application.”

7.-(1.) In sub-section 1 of section 10 of the Principal Act, for the words “ two months" shall be substituted the words “one month or such further time not exceeding three months as the Registrar

may allow.”

(2.) In the same sub-section the word “first" shall be omitted.

(3.) In sub-section 2 of the same section, for the words “two months” shall be substituted the words “one month."

(4.) For sub-sections 3 and 4 of the same sections the following sub-sections shall be substituted, namely :

“ (3.) If the applicant sends such counter-statement the Registrar shall furnish a copy thereof to the person who gave notice of opposition, and shall, after hearing the applicant and the opponent, if so required, decide whether the trade-mark is to be registered; but his decision shall be subject to appeal to the Supreme Court, and the said Court shall have jurisdiction to hear and determine the appeal, and shall bear the applicant and opponent and the Registrar, and shall make an order determining whether, and subject to what conditions (if any), registration is to be permitted.

“(4.) If the applicant abandon bis application after notice of opposition in pursuance of this section be shall be liable to pay to the opponent such costs in respect of the opposition as the Registrar may determine to be reasonable.

" (5.) When the opponent is out of the Colony he shall give the Registrar an address for service in the Colony."

8. In sub-section 2 of section 13 of the Principal Act the following words shall be added at the beginning of the sub-section, namely, “except as aforesaid,” and for the words “so nearly resembling,” shall be substituted the words “ having such resemblance to."

9. In section 14 of the Principal Act the word “exclusive" shall be omitted.

10. For sub-section 2 of section 15 of the Principal Act the following sub-section shall be substituted, namely:

2. The applicant for registration of any such addition must, however, 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.

“ Provided that a person need not under this section disclaim his own name, or the foreigo equivalent thereof, or his place of business, but no entry of any such name shall affect the right of any owner of the same name to use that name or the foreign equivalent thereof."

11. For section 16 of the Principal Act the following section shall be substituted, namely :

“ Application for registration of a trade-mark shall be deemed to be equivalent to public use of the trade-mark."

12. After section 18 of the Principal Act the following section shall be added aod numbered 18 A, namely :

“ In an action for infringement of a registered trade-mark the Court or a Judge may certify that the right to the exclusive use of the trade-mark came in question, and, if the Court or a Judge so certifies, then in any subsequent action for infringement the plaintiff in that action, on obtaining a final order or judyment in his favour, shall have his full costs, charges, and expenses as between solicitor and client, unless the Court or Judge trying the subsequent action certifies that he ought not to have the same.”

13.-(1.) In sub-section 5 of section 20 of the Principal Act, for the words "the five years ” shall be substituted the words “one

year."

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(2.) To the same sub-section the following words shall be added, namely, “ unless it is shown to the satisfaction of the Registrar that the non-payment of the fee arises from the death or bankruptcy of the registered proprietor, or from his having ceased to carry on business, and that no person claiming under that proprietor or under his bankruptcy is using the trade-mark."

14. In section 26 of the Principal Act, after the words " subject to" shall be added to the words “the provisions of this Act and to.”

15. In section 28 of the Principal Act, after the words “subject to " shall be added the words “ the provisions of this Act and to."

16. In section 30 of the Principal Act, after the words of the name of any person ” shall be added the words

any

other particulars.”

17. To section 31 of the Principal Act the following sub-section shall be added, namely :

(d.) Permit an applicant for registration of a trade-mark to amend his application by omitting any particular goods or classes of goods in connection with which he has desired the trade-mark to be registered.”

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18. The Principal Act shall, as from the commencement of this Act, take effect subject to the additions, omissions, and substitutions required by this Act, but nothing in this Act shall affect the validity of any act done, right acquired, or liability incurred before the commencement of this Act.

19. This Act shall come into operation on a day to be fixed by the Governor by Proclamation.

THOS. D. FOOTE, President.

Passed the General Legislative Council the 17th 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 restrict the

Introduction of Immigrant Paupers likely to become chargeable to the Colony of the Leeward Islands or any Presidency

thereof. [No. 9.]

[November 24, 1891.]

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

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

1. This Act may be cited for all purposes as “The Immigrant Paupers Act, 1891."

2. In this Act the term “visiting officer” means a visiting officer acting under any Quarantine Act of the Leeward Islands or any Act or Ordinance of any Presidency thereof, or uuder any other rule or regulation made pursuaut to any such Act or Ordi

nance.

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The term “immigrant pauper” means a person as to whom notice that he is an immigrant pauper is given according to this Act.

The term "pauper charges " means any money expended out of the public funds of the Colony, or any Presidency thereof, or the funds of any Public Board or Corporation, for the relief, maintenance, care, or treatment of any pauper, and the expenses computed, according to a scale prescribed by the Governor, of such relief, maintenance, care, and treatment in any hospital, infirmary, asylum, house of refuge, or other institution for the relief of sick or

destitute persons, if such hospital, infirmary, asylum, house of refuge, or other institution is maintained out of the public funds of the Colony, or of any Presidency thereof, or of the funds of any Public Board or Corporation.

" Treasurer” means the Treasurer of the Presidency at which or at any part where of any immigrant pauper may desire to land.

3. This Act shall come into operation on a day to be named by the Governor by Proclamation.

4. If, on the arrival at any island of the Colony of any vessel, there is on board any person who, in the opinion of the visiting officer visiting such vessel, is unable by reason of physical or mental infirmity to maintain himself by his own labour and likely, if permitted to land, to become chargeable to the Colony or any Presidency thereof, such visiting officer shall give notice that such person is an immigrant pauper. Such notice may be given verbally or in writing to the master or any of the crew of the vessel, or by writing nailed or affixed to any mast or other part of the vessel, but shall, where practicable, be given to the master.

5. An immigrant pauper shall not, except any permission of the Governor or of the Commissioner of the Presidency at which or at any island whereof such immigrant pauper desires to land, land in any part of the Colony unless one of the following conditions is first complied with, that is to say, either

(1.) Some person resident in the Presidency at which or at any island whereof the immigrant pauper desires to land, and approved by the Governor or by the Commissioner or Treasurer of the Presidency at which such immigrant pauper desires to land, or, in the case of the Islands of Nevis and Anguilla, by the Magistrate thereof respectively, as sufficient in this behalf shall by deed (which may be in the form given in the Schedule to this Act) covenant with Her Majesty the Queen, hier heirs and successors, to repay to the Treasurer any pauper charges which, within one year from the date of such deed, may be incurred in respect of such immigrant pauper; or

(2.) The immigrant pauper shall deposit with the Treasurer or Magistrate aforesaid the sum of 101. to be applied, in the first place, in payment of any pauper charges incurred in respect of the depositor within one year from the time of the deposit, and the balance, if any, or the whole, if no part is applied as aforesaid, to be repaid to the depositor,

6. If any immigrant pauper lands in any part of the Colony contrary to this Act, the vessel by which such immigrant pauper arrived shall be subject to a maritime lien in favour of Her Majesty the Queen, her beirs and successors, for the sum of 501. in respect

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of such immigrant pauper who lands as aforesaid, and the amount so charged may be sued for and recovered in the Vice-Admiralty Court accordingly.

The Treasurer, Harbour-master, any Treasury officer, Revenue officer, officers of Customs, or other Government officer of the Presi. dency at which any such immigrant pauper nas landed, or of any island thereof, and in the case of the Islands of Nevis and Anguilla the Magistrate thereof respectively, and also any officer on full pay in the naval or military service of Her Majesty, may detain, and by force if necessary, any vessel charged with the payment of any sum under this section until 6 of the clock in the evening of the day following the landing of the immigrant pauper in respect of whoin the sum is charged, provided that such detainer shall cease upon either of the following events, that is to say :

(1.) Upon payment to the officer detaining the vessel, or the person placed by him in actual charge of the vessel, of all sums charged upon this vessel under this section; or

(2.) Upon the vessel being arrested under process of the ViceAdmiralty Court issued in any proceedings for recovering the sums last aforesaid.

7. Any master of a vessel who knowingly suffers any immigrant pauper who arrives in such vessel to land contrary to this Act shall be guilty of an offence punisbable on summary conviction, and liable to a penalty not exceeding 501. ; and

(1.) Any immigrant pauper who knowingly lands and suffers himself to be landed contrary to this Act; and

(2.) Any person who knowingly lands or procures to be landed contrary to this Act, or who aids or assists in landing or procuring to be landed contrary to this Act, any immigrant pauper shall be guilty of an offence punishable on summary conviction, and liable to a penalty not exceeding 501.

8. Any scale for the computation of expenses prescribed by the Governor under this Act shall be published in the “ Leeward Islands Gazette," and may at any time be altered or revoked by the Governor.

A copy of the “Leeward Islands Gazette" purporting to contain any such scale, alteration, or revocation shall be primâ facie evidence of the tenour and due making of such scale, alteration, or revocation.

9. Notwithstanding anything in any Act of the Leeward Islands or any Act or Ordinance of any Presidency regulating the execution and proof, registration, and admission in evidence of deeds or other documents, any deed executed in pursuance of this Act may be registered if it is executed in the presence of a witness and before any of the following persons :

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