with which it is used are designated or described by that trade-mark, 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.

93. 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 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 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.

94. 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 prima facie be deemed to be a description of that country within the meaning of this Act, and the provisions of this Act 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.

95. 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.

96. In any prosecution for an offence against this Part of this Act

(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.

97. Every person who, being within the Colony, procures, counsels, aids, abets, or is accessory to the commission, without the Colony, of any act which, if committed in the Colony, would under this Act 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 the Colony in which he may be, as if the misdemeanour had been there committed.

98. (1.) Where, upon information of an offence against this Part of this Act, a Justice has issued either a summons requiring the defendant charged by such information to appear to answer the same or a warrant for the arrest of such defendant, and either the said Justice on or after issuing the summons or warrant, or any other Justice, 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 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 Court of summary jurisdiction for the purpose of

its being 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 Court of summary jurisdiction 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 Court, 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 Part 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 trademarks and trade descriptions being first obliterated), award to any innocent party any loss he may have innocently sustained in dealing with such goods.

99. "The Vexatious Indictments Act, 1870," shall apply to any offence punishable on indictment under this Act in like manner as if such offence were one of the offences specified in section 2 of that Act.

100. On any prosecution under this Part of 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.

101. No prosecution for an offence against this Part of 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.

102. 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 signed by or on behalf of the vendor and delivered at the time of the sale or contract to and accepted by the vendee.

103. Where, at the commencement 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.

But 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, or, if Colony, the name of the particular Colony in which the goods and the material or substance thereof were actually made or produced, with a statement that they were made or produced there.

104. Whereas it is expedient to make further provision for prohibiting the importation of goods which if sold would be liable to forfeiture under this part of this Act:

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 New Zealand, or any other 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 the Colony, and, subject to the provisions of this section, shall be included among goods prohibited to be imported as if they were specified in section 66 of "The Customs Laws Consolidation Act, 1882."

(2.) 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, or New Zealand, or any other British possession, that name, unless accompanied by 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 New Zealand, or other British possession, as the case may be.

(3.) Before detaining any such goods, or taking any further proceedings with a view to the forfeiture thereof under the Customs Acts, the Commissioner of Trade and 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.

(4.) The aforesaid Commissioner 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.

(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 Commissioner of Trade and Customs all expenses and damages incurred in respect of 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 "New Zealand Gazette."

(8.) This section shall have effect as if it were part of "The Customs Laws Consolidation Act, 1882."

105.-(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.

PART V.-International and Intercolonial Arrangements.

106.-(1.) If Her Majesty is pleased, by Order in Council, to apply the provisions of section 103 of the Imperial Act called "The Patents, Designs, and Trade-marks Act, 1883,"* to the Colony of New Zealand, then any person who has applied for any protection for any invention, design, or trade-mark, in England or in any foreign State, with the Government of which Her Majesty has made an arrangement under the said section for mutual protection of inventions, designs, or trade-marks, or any of them, shall be entitled to a patent for his invention, or to registration of his design or trade-mark, as the case may be, under this Act, in priority to other applicants; and such patent or registration shall take effect from the same date as

* Vol. LXXIV, page 211.