pour les causes qui y sont énoncées, est portée à 20 pour cent de la valeur totale des droits fixés et des taxes additionnelles. La présente Loi, qui abroge toutes les lois ou dispositions de loi qui lui sont contraires, sera publiée et exécutée à la diligence du Secrétaire d'État des Finances et du Commerce. Donné à la Chambre des Représentants à Port-au-Prince le 6 Novembre, 1893, an 90° de l'Indépendance. V. GUILLAUME, STEWART, Président de la Chambre. Donné à la Maison Nationale au Port-au-Prince le 9 Novembre, 1893, an 90° de l'Indépendance. A. DÉRAC, P. E. LATORTUE, Secrétaires. B. MAIGNAN, Président du Sénat. ORDINANCE of the Government of Trinidad, to amend the Law with respect to Foreign Postal Parcels. [No. 11.] (L.S.) WILLIAM ROBINSON, Governor. August 10, 1887. [August 1, 1887.] WHEREAS it is expedient to regulate the entry and export of foreign postal parcels and to declare the application of Ordinances relating to customs to foreign postal parcels : Be it enacted by the Governor of Trinidad, with the advice and consent of the Legislative Council thereof, as follows: 1. This Ordinance may be cited as "The Post Office (Foreign Parcels) Ordinance, 1887." 2. The expression "foreign parcels " means parcels either posted in the Colony and sent to a place out of the Colony or posted in a place out of the Colony and sent to a place in the Colony, or in transit through the Colony to a place out of the Colony. 3. Subject to any regulations made under this Ordinance, the provisions of the Ordinances for the time being in force in the Colony relating to Customs in this Ordinance referred to as Customs enactments shall apply to goods contained in foreign parcels in like manner so far as is consistent with the tenour thereof as they apply to any other goods, and persons may be punished for offences against the said enactments, and goods may be examined, seized, and forfeited, and the officers seizing and examining them shall be protected, and legal proceedings in relation to the matters aforesaid may be taken accordingly under the said enactments. 4. The Governor in Executive Council may, on the recommendation of the Postmaster-General and the principal officer of Her Majesty's Customs in the Colony, from time to time make and, when made, revoke and vary regulations for the purpose of modifying or excepting the application of any of the Customs enactments to foreign parcels for the purpose of securing, in the case of such foreign parcels, the observance of the Customs enactments and for enabling the officers of the Post Office to perform, for the purposes of those enactments or otherwise, all or any of the duties of the importer and exporter or of officers of Her Majesty's Customs in the matter of foreign parcels, and for carrying into effect any arrangement with the Imperial Treasury or the Government of any British possession with reference to foreign parcels and for punishing any contravention of the Customs enactments or of the regulations under this section. 5. The Postmaster General shall have the same right of recovering any sums paid in pursuance of the Customs enactments or otherwise under the said regulations in respect of parcels brought to the Colony as the Postmaster-General would have if the sums so paid were a rate of postage. 6. A contravention of the regulations in force under this Ordinance shall be deemed to be a contravention of the Customs enactments, and shall involve accordingly the like punishment of persons guilty thereof and the like forfeiture of goods. Passed in Council this 1st day of August, in the year of our Lord 1887. J. CUNNINGHAM, Acting Clerk of the Council. ORDINANCE of the Government of Trinidad, to consolidate and amend the Law relating to Fraudulent Marks on Merchandize. [No. 7.] [June 11, 1888.] (L.S.) WILLIAM ROBINSON, Governor. June 20, 1888. Be it enacted by the Governor of Trinidad, with the advice and consent of the Legislative Council thereof, as follows: 1. This Ordinance may be cited as "The Merchandize Marks Ordinance, 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 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 precaution against committing an offence against this Ordinance 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 prosecution, 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,— (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 months, or to a fine not exceeding 507.; and (iii) 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 Court of Summary Jurisdiction, he may appeal therefrom to the Supreme Court. (6.) Any offence for which a person is under this Ordinance liable to punishment on summary conviction may be prosecuted, and any articles liable to be forfeited under this Ordinance by a Court of Summary Jurisdiction may be forfeited in manner prescribed by the Ordinance No. 5 of 1868, intituled "An Ordinance respecting the Summary Administration of Justice." Provided that a person charged with any offence under this section before a Court of Summary Jurisdiction 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, be so tried accordingly. 3.-(1.) For the purpose of this Ordinance The expression "trade-mark" means any trade-mark which, either with or without registration, is protected by law in the United Kingdom or in any British possession or foreign State to which the provisions of sections 103 and 104 of "The Patents, Designs, and Trade-Marks Act, 1883,"* of the Imperial Parliament 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, word, 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 trademark, 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; * Vol. LXXIV, page 211. 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 of a person 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 a 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 (6.) 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 |