The Commissioner; The Treasurer; Any Harbour-master; Any visiting officer; Any Inspector of Police; Any Revenue officer; Any Justice of the Peace; Any Barrister, Advocate, Conveyancer, or Notary Public, No fee shall be payable in respect of the registration of any deed executed in pursance of this Act. 10. Nothing in this Act shall apply to any immigrants brought to the Colony or any Presidency thereof under any law relating to immigration, or to any ship bringing such immigrants, or to any native of any island of the Colony. 11. Any money received by any Magistrate aforesaid under subsection 2 of section 5 of this Act shall be at once paid over to the Treasurer, who shall place the same to an account in the books of the Treasury of the Presidency whereof he is Treasurer, entitled "Immigrant Paupers' Deposit Account." H. OGILVIE BENNETT, President. Passed the General Legislative Council, this 24th day of November, 1891. W. M. GORDON, Clerk. Dated at Antigua, the 9th day of January, 1892, in the fifty fifth year of Her Majesty's reign. , is an immigrant pauper within the meaning of "The Immigrant Pauper Act, 1891." And whereas the said A. B. desires to enable the same I. S. to land in the Island of He, the said A. B., doth hereby for himself, his heirs, executors, and administrators, covenant with Her Majesty the Queen, her heirs and successors, that he, said A. B., will on demand forthwith repay to the Treasurer of the Presidency of any pauper charges which within one year from the day of the date of these presents may be incurred in respect of the said I. S. ORDINANCE of the Government of the Falkland Islands, to consolidate and amend the Law relating to Fraudulent Marks on Merchandize. [No. 1.] [Assented to February 18, 1889.] THOMAS KERR, C.M.G., Governor. WHEREAS it is expedient to consolidate and amend the Law relating to Fraudulent Marks on Merchandize: Be it enacted by the Governor of the Falkland Islands and their dependencies, with the advice and consent of the Legislative Council thereof, as follows: 1. This Ordinance may be cited as "The Merchandize Marks Ordinance, 1889." 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 Ordinance, and unless he proves that he acted without intent to defraud, be guilty of an offence against this Ordinance. (2.) Every person who sells or exposes for, or has in his possession for, sale, or any purpose of trade or manufacture, any goods or things to which any 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, unless he proves (a.) That, having taken all reasonable precautions against committing an offence against this Ordinance, he had at the time of the alleged offence no reason to suspect the genuineness of the trademark or trade description; and (b.) That, on demand made by or on behalf of the prosecutor, he gave all the 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; Be guilty of an offence against this Ordinance. (3.) Every person guilty of an offence against this Ordinance. shall be liable (i.) On conviction on indictment to imprisonment, with or without hard labour, for a term not exceeding two years or to fine, or to both imprisonment and fine; and (i.) On summary conviction to imprisonment, with or without hard labour, for a term not exceeding four months or to a fine not exceeding 207., and in the case of a second or subsequent conviction to imprisonment, with or without hard labour, for a term not exceeding six n onths, or to a fine not exceeding 301.; and (i.) In any case to forfeit to Her Majesty every chattel, article, instrument, or thing by means of or in relation to which the offence has been committed. (4.) The Court before whom any person is convicted under this section may order any forfeited articles to be destroyed or otherwise disposed of as the Court thinks fit. (5.) If any person feels aggrieved by any conviction made by a Police Magistrate he may appeal therefrom to the Supreme Court under the provisions of "The Administration of Justice Ordinance, 1876." (6.) Any offence for which a person is under this Ordinance liable to punishment on summary conviction may be prosecuted in manner provided by "The Summary Jurisdiction Ordinance, 1853." Provided that a person charged with an offence under this section before a Police Magistrate or two Justices of the Peace shall, on appearing before the Court and before the charge is gone into, be informed of his right to be tried on indictment, and, if he requires, to be so tried accordingly. (7.) All fines and penalties imposed by this Ordinance shall be due to Her Majesty, her heirs and successors, and shall be paid to the Treasurer for the public uses of this Colony. 3.-(1.) For the purposes of this Ordinance The expression "trade-mark" means a trade-mark registered in the register of trade-marks kept under the provisions of the Act of the Imperial Parliament, which may be cited as "The Patent, Designs, and Trade-marks Act, 1883,"* and includes any tradenark which either, with or without registration, is protected by law in this Colony or in any British Possession or Foreign State to which the provisions of the 103rd section of the said "Patents, Designs, and Trade-marks Act, 1883," are under Order in Council for the time being applicable. The expression" trade description " means any description, statement, or other indication direct or indirect. (a.) As to the number, quantity, measure, gauge, or weight of any goods; or (b.) As to the place or country in which any goods were made or produced; or (c.) As to the mode of manufacturing or producing any goods; or (d) As to the material of which any goods are composed; or (e.) As to any goods being the subject of an existing patent, privilege, or copyright; And the use of any figure, work, or mark which, according to the custom of the trade, is commonly taken to be an indication of any of the above matters, shall be deemed to be a trade description within the meaning of this Ordinance. The expression "false trade description" means a trade description which is false in a material respect as regards the goods to which it is applied, and includes every alteration of a trade description whether by way of addition, effacement, or otherwise, where that alteration makes the description false in a material respect, and the fact that a trade description is a trade-mark or part of a trade-mark shall not prevent such trade description being a false trade description within the meaning of this Ordinance. The expression "goods" means anything which is the subject of trade, manufacture, or merchandize. The expressions "person," "manufacturer, dealer, or trader," and "proprietor," include any body of persons corporate or unincorporate. The expression "name" includes any abbreviation of a name. (2.) The provisions of this Ordinance respecting the application of a false trade description to goods shall extend to the application to goods of any such figures, words, or marks, or arrangement or combination thereof, whether including a trade-mark or not, as are reasonably calculated to lead persons to believe that the goods are the manufacture or merchandize of some person other than the person whose manufacture or merchandize they really are. (3.) The provisions of this Ordinance respecting the application of a false trade description to goods, or respecting goods to which a false trade description is applied, shall extend to the application to goods of any false name or initials of a person and to goods with the false name or initials applied in like manner as if such name or initials were a trade description, and for the purpose of this enactment the expression false name or initials means as applied to any goods, any name, or initials of a person which (a.) Are not a trade-mark or part of a trade-mark; and (b.) Are identical with, or a colourable imitation of, the name or initials of a person carrying on business in connection with goods of the same description, and not having authorized the use of such name or initials; and (c.) Are either those of a fictitious person or of some person not bona fide carrying on business in connection with such goods. 4. A person shall be deemed to forge trade-mark who either (a.) Without the assent of the proprietor of the trade-mark makes that trade-mark or a mark so nearly resembling that trademark as to be calculated to deceive; or (b.) Falsifies any genuine trade-mark, whether by alteration, addition, effacement, or otherwise; And any trade-mark or mark so made or falsified is in this Ordinance referred to as a forged trade-mark. Provided that in any prosecution for forging a trade-mark the burden of proving the assent of the proprietor shall lie on the defendant. 5.—(1.) A person shall be deemed to apply a trade-mark or mark or trade description to goods who (a.) Applies it to the goods themselves; or (b) Applies it to any covering, label, reel, or other thing in or with which the goods are sold or exposed, or had in possession for any purpose of sale, trade, or manufacture; or (c.) Places, incloses, or annexes any goods which are sold or exposed, or had in possession, for any purpose of sale, trade, or manufacture in, with, or to any covering, label, reel, or other thing to which a trade-mark or trade description has been applied; or (d) Uses a trade-mark, or mark, or trade description in any manner calculated to lead to the belief that the goods in connection with which it is used are designated or described by that trademark, or mark, or trade description. (2.) The expression "covering" includes any stopper, cask, bottle, vessel, box, cover, capsule, case, frame, or wrapper, and the expression "label" includes any band or ticket. A trade-mark, or mark, or trade description shall be deemed to be applied whether it is woven, impressed, or otherwise worked into or annexed or affixed to the goods or to any covering, label, reel, or other thing. (3.) A person shall be deemed to falsely apply to goods a trademark or mark who, without the assent of the proprietor of a trademark, applies such trade-mark, or a mark so nearly resembling it as to be calculated to deceive; but in any prosecution for falsely applying a trade-mark or mark to goods, the burden of proving the assent of the proprietor shall lie on the defendant. 6. Where a defendant is charged with making any die, block, machine, or other instrument, for the purpose of forging or being used for forging a trade-mark, or with falsely applying to goods any trade-mark or any mark so nearly resembling a trade-mark as to be calculated to deceive, or with applying to goods any false trade |