description, or causing any of the things in this section mentioned to be done, and proves

(a.) That in the ordinary course of his business he is employed on behalf of other persons to make dies, blocks, machines, or other instruments for making, or being used in making, trade-marks, or as the case may be, to apply marks or descriptions to goods, and that in the case which is the subject of the charge he was so employed by some person resident in the Colony, and was not interested in the goods by way of profit or commission dependent on the sale of such goods; and

(b.) That he took reasonable precautions against committing the offence charged; and

(c.) That 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

(d.) That he gave to the prosecutor all the information in his power with respect to the persons on whose behalf the trade-mark, mark, or trade description was applied;

He shall be discharged from the prosecution, but shall be liable to pay the costs incurred by the prosecutor, unless he has given due notice to him that he will rely on the above defence.

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, primâ 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 indictment, 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 this Colony, procures, counsels, aids, abets, or is accessory to the commission without this Colony of any act which, if committed within this Colony, would, under this Ordinance, be a misdemeanour, shall be guilty of that misdemeanour as a principal, and be liable to be indicted, proceeded against, tried, and convicted in any place in this 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 of the Peace 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 said summons or warrant, or any other Justice of the Peace, 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 named or referred to in the warrant to enter any such house, premises, or 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 Police Magistrate or two Justices of the Peace 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 couplaint may be laid for the purpose only of enforcing such forfeiture, and a Police Magistrate or two Justices of the Peace 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 Police Magistrate or two Justices of the Peace, 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 trademarks 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 Ordinance the Court may order costs to be paid to the defendant by the informant, or to the informant by the defendant, having regard to the information given by, and the conduct of, the defendant and informaut 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 or any British possession, 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 this Colony.

(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 Collector of Customs 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

* Repealed and new section substituted by Ordinance No. 14 of 1889,

page 136.

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 Collector of Customs in administering the regulations and generally in the administration of this section, whether in the exercise of any discretion or opinion or otherwise, shall act under the control of the Governor.

(7.) The regulations may provide for the informant reimbursing the Collector of Customs all expenses and damages incurred in respect of any detention made on his information and of any proceedings consequent on such detention.

(8.) 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 inter

rogatory 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.

as to

(3.) Nothing in this Ordinance shall be construed so render liable to any prosecution or punishment any servant of a master resident in this 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 201.

19. The Governor in Council may from time to time make, alter, and rescind regulations for the better administration of this Ordinance in any matter not sufficiently provided for.

Passed the Legislative Council, this 18th day of February, in the year of our Lord 1889.

HENRY B. L. JAMESON, Clerk to the Legislative Council.

I assent to this Ordinance this 18th day of February, in the year of our Lord 1889.

T. KERR, Governor.

ORDINANCE of the Government of the Falkland Islands, to consolidate and further amend the Law relating to Fraudulent Trade-marks on Merchandize.

[No. 14.]

[December 27, 1889.]

EDWARD PAKENHAM BROOKS, Administrator.

WHEREAS it is expedient to amend Ordinance No. 1 of 1889* as it originally stood:

Be it enacted by the Administrator of the Government of the Falkland Islands and their dependencies, with the advice and conseut of the Legislative Council thereof, as follows:

1. Section 12 of Ordinance No. 1 of 1889 is hereby repealed.

2. 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.

* Page 128.