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ich place is situate, shall be treated for the purposes of this section if it were the name of a place in the United Kingdom or this olony.

(5.) Such regulations may apply to all goods the importation of hich is prohibited by this section, or different regulations may e made respecting different classes of such goods or of offences a relation to such goods.

(6.) The regulations may provide for the informant reimbursing he 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.

(7.) All regulations under this section shall be published in the "Government Gazette."

16. 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.

17. 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.

18.-(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 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 Ordinance.

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(3.) Nothing in this Ordinance shall be construed so as to 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 ar on behalf of the prosecutor, has given full information as to his

master.

19. 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 100 rupees.

20. All offences under this Ordinance are hereby declared to be "cognizable" and "bailable," within the meaning of those terms as defined in section 3 of "The Criminal Procedure Code, 1883."

Passed in Council, the 21st day of December, 1888.

A. M. ASHMORE, Acting Clerk to the Council. Assented to by his Excellency the Governor, the 22nd day of December, 1888.

E. NOEL WALKER, Colonial Secretary.

ORDINANCE of the Government of Ceylon, to amend "The Merchandize Marks Ordinance, 1888."

[No. 14.]

[Assented to, November 2, 1892]

(L.S.) A. E. HAVELOCK.

WHEREAS it is expedient to amend "The Merchandize Marks Ordinance, 1888," hereinafter referred to as the "Principal Ordi

nance:

Be it therefore enacted by the Governor of Ceylon, by and with the advice and consent of the Legislative Council thereof, as follows:

1. After sub-section (2) of section 3 of the Principal Ordinance, and before sub-section (3) of the same section, the following subsection shall be inserted, and numbered 2 (a), namely:

"Every person who imports any piece goods, ordinarily sold by length or by the piece, manufactured beyond the limits of the Colony, or who sells, or exposes for, or has in his possession for sale or any purpose of trade, any piece goods ordinarily sold as

* Page 597.

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resaid, whether manufactured within or beyond the limits of the lony, which have not conspicuously stamped in English numerals each piece the length thereof in standard yards, or in standard rds and a fraction of such a yard, according to the real length of e piece, shall be guilty of an offence against this Ordinance.

"Provided always that nothing in this sub-section contained all apply to any piece goods manufactured within the limits of the olony by hand labour only."

2. In the twelfth line of sub-section (1) of section 15 of the 'rincipal Ordinance, after the words "or produced" and before the vords "are hereby prohibited" shall be inserted the words "and lso all piece goods such as are ordinarily sold by the length or by he piece, which have not conspicuously stamped in English umerals on each piece the length thereof in standard yards, r in standard yards and a fraction of such a yard, according to the real length of the piece."

3. This Ordinauce shall come into operation from and after such date as the Governor shall appoint by Proclamation published in the "Government Gazette," and may be cited as "The Merchandize Marks Ordinance, 1892," and this Ordinance and the Principal. Ordinance may be cited collectively as "The Merchandize Marks Ordinances, 1888 and 1892."

Passed in Council the 26th day of October, 1892.

H. L. CRAWFORD, Clerk to the Council.

Assented to by his Excellency the Governor, the 2nd day of November, 1892.

E. NOEL WALKER, Colonial Secretary.

CORRESPONDENCE respecting the Persian Tobacco
Concession.*-1890-1892.

No 2.-Sir H. Drummond Wolff to the Marquess of Salisbury.

(Received May 7.)

(Extract.) Tehran, April 3, 1890. In my despatch of the 20th March I informed your Lordship that the Shah had granted to a group, represented by Major Talbot, the Concession of the Tobacco Régie. I inclose a copy of the

document.

The negotiations were begun at Paris and Vienna, at which capital, I believe, Major Talbot was encouraged to proceed to

• Extracted from Parliamentary Paper, "Persia, No. 1 (1892)."

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Tehran, where the discussion could be carried on more conveniently.

The Concession, or rather the option of the Concession, ha been given to Major Talbot for five weeks, as that gentleman was unable to accept it at once owing to some modifications intreduced into the draft by the Persian Government.

It will be perceived that this Concession was very much in favour of the cultivator. He is to be paid in cash for his tobacco, and is entitled to advances on his crops.

At present he is obliged to accept all kinds of payments for the produce he sells, and his borrowings can be negotiated only on a very high scale.

The Concession also gives to the Régie the right of making advances on growing crops besides tobacco, which will be a great advantage to cultivators, who are now ground down by the exactions of native usurers.

The Marquess of Salisbury.

H. DRUMMOND WOLFF.

(Inclosure.)-Concession of the Tobacco Régie.

(Translation.)

THE monopoly of buying, selling, and manufacturing all the tootoon and tobacco in the interior or exterior of the Kingdom of Persia is granted to Major Talbot by us for fifty years from the date of the signing of this Concession, in accordance with the following stipulations:

1. The concessionnaires will have to pay 15,000l. per annum to the exalted Imperial Treasury whether they benefit or lose by this business, and this money shall be paid every year, five months after the beginning of the year.

2. In order merely to ascertain the quantities of tootoon and tobacco produced in the protected provinces (of Persia), the concessionnaires will keep a register of the cultivators who wish to work under the conditions of this Concession, and the Persian Government will issue strict orders to the local Governors to compel the cultivators of tobacco and tootoon to furnish such a registration.

Permission for sale, &c., of tootoon, tobacco, cigars, cigarettes, snuff, &c., is the absolute right of the concessionnaires, and no one but the proprietors of this Concession shall have the right to issue the above-mentioned permits.

The Guilds of the sellers of tobacco and tootoon who are engaged in this trade will remain permanent in their local trade

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transactions, on condition of possessing permits which will ven to them by the concessionnaires.

After deducting all the expenses appertaining to this business paying a dividend of 5 per cent. on their own capital to the rietors of this Concession, one quarter of the remaining profit yearly be paid to the exalted Imperial Treasury, and the Persian ernment will have the right to inspect their (the concessionnaires') ly books.

4. All the materials necessary for this work which the proeters of this Concession import into the protected provinces rsia) will be free of all customs duties, taxes, &c.

5. Removal and transfer of tootoon and tobacco in the protected vinces (of Persia) without the permission of the proprietors this Concession is prohibited, except as regards such quantities travellers may have with them for their own daily use.

6. The proprietors of this Concession must purchase all the stoon and tobacco that are produced in the protected provinces

cash for it. They must purchase all the tobacco, &c., for use that is now in hand, and the price that is to be given the owner or the producer will be settled in a friendly manner etween the producer or the owner and the proprietors of this Joncession; but in case of disagreement between the parties the ase will be referred to an Arbitrator accepted by both sides, and he decision of the Arbitrator will be final and will be carried jut.

7. The Persian Government engages not to increase the revenues, taxes, and customs that are now levied on tootoon, tobacco, cigars, cigarettes, and snuff for fifty years from the date of the signing of the Concession, and the proprietors also undertake that all the customs that the Persian Government now obtains from tobacco shall be continued as they are.

8. Any person or persons who shall attempt to evade (the rules) of these Articles will be severely punished by the Government, and any person or persons found to be secretly in possession of tobacco, tootoon, &c., for sale or trade, will also be fined and severely punished by the Government. The Government will give its utmost help and support in all the business of the proprietors of this Concession, and the proprietors of this Concession undertake in no way to go beyond their own rights consistent with these Articles.

9. The proprietors of this Concession are permitted, should they wish, to transfer all their rights, concessions, undertakings, &c., to any person or persons, but, prior to this, they must inform the Persian Government.

10. The producer or owner of tootoon and tobacco, whenever
[1892-93. LXXXV.]
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