to be a description of that country within the meaning of this Enactment, and the provisions of this Enactment 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 charge, 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 trademark to be a trade-mark or forged trade-mark.

9. In any prosecution for an offence against this Enactment, evidence of the port of shipment shall, in the case of imported goods, be prima facie evidence of the place or country in which the goods were made or produced.

10.* Any person who, being within the State, procures, counsels, aids, abets, or is accessory to the commission without the State of any act which if committed in the State would, under this Enactment, be an offence, shall be guilty of that offence as a principal, and be liable to be proceeded against, tried, and convicted in the State as if the offence had been there committed.

11.* (i.) Where upon information or complaint of an offence against this Enactment a Magistrate has issued either a summons requiring the person against whom such information or complaint is made to appear to answer to the same, or a warrant for the arrest of such person, and either the said Magistrate on or after issuing the summons or warrant or any other Magistrate 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 said person, or otherwise in his possession or under his control in any place, such Magistrate may issue a warrant under his hand, by virtue of which it shall be lawful for any police officer 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 Enactment.

(ii.) If the owner of any goods or things which, if the owner thereof has been convicted, would be liable to forfeiture under this Enactment 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

* Amended by Enactment No. 6, 1911, page 449.
2 F

[1910-11. CIV.]

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.

(iii.) Any goods or things forfeited under this section or under any other provision of this Enactment 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 trade-marks and trade descriptions being first obliterated) award to any innocent party a sum equivalent to the amount of any loss which he may have innocently sustained in dealing with such goods.

12. On any prosecution under this Enactment, the Court may order costs to be paid to the accused by the prosecutor or to the prosecutor by the accused, having regard to the information given by and the conduct of the accused and prosecutor respectively; provided that no costs shall in any case be awarded either against or in favour of the Public Prosecutor.

13. No prosecution for an offence against this Enactment shall be commenced after the expiration of three years from the date of the commission of the offence, or of one year from the date of the first discovery thereof by the prosecutor, whichever expiration shall first happen.

14. 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 Enactment, 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.

15. Where, on the commencement of this Enactment, a trade description is lawfully and generally applied to goods of a peculiar class or manufactured by a particular method to indicate the particular class or method of manufacture of such goods, the provisions of this Enactment 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.

16.* Nothing in this Enactment shall be construed so as to render liable to any prosecution or punishment any servant of a master resident in the State 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.

17. The Resident-General may from time to time make rules to provide for the establishment of a system of registration of trade-marks, and such rules when published in the "Gazette" shall have the force of law.

Such rules may provide for prescribing and regulating

(a.) The place at which and the person by whom the register is to be kept, and the nature of the particulars to be entered therein or excluded therefrom.

(b.) The nature and contents of a registrable trade-mark, and the effect of registration.

(c.) The mode of applying for registration and of opposing any such application, and the manner of dealing with any such application or opposition.

(d.) The issue of certificates of registration.

(e.) The duration and renewal of registration. (f.) The assignment of trade-marks.

(g.) The inspection of the register by the public, and the issue of certified extracts therefrom.

(h.) The prohibition of registration of identical or similar trade-marks.

(i.) The alteration of registered trade-marks, the correction of the register, and the removal of registered trade-marks therefrom.

(j.) The classification of goods for the purposes of registration of trade-marks.

(k.) The fees to be paid in respect of applications and registration, and other matters.

(1.) The powers and duties of public officers in respect of any of the matters included in this section.

(m.) The fine with which the contravention of any rule made under this section shall be punishable, but so that such fine shall not exceed 500 dollars.

(n.) Any other matters, whether similar or not to those above mentioned, as to which rules may be necessary or desirable in order to effectually provide for the registration of trade-marks, and for matters connected therewith.

* Amended by Enactment No. 6, 1911, page 449.

ENACTMENT of the Federated Malay States to Repeal and Re-enact with amendments the Law relating to Banishment.

[No. 10.]

JOHN ANDERSON,

President of the Federal Council.

[November 1, 1910.]

It is hereby enacted by the Rulers of the Federated Malay States in Council as follows:

1.-(i.) This Enactment may be cited as "The Banishment Enactment, 1910," and shall come into force upon publication thereof in the "Gazette."

(ii.) Upon the coming into force of this Enactment, "The Federal Banishment Enactment, 1909," shall be repealed.

66

2. In this Enactment, unless the context otherwise requiresMalay State" means any one of the States of Perak, Selangor, Negri Sembilan, Pahang, Kedah, Perlis, Kelantan, Trengganu, and Johore.

The words "the State" are to be read as meaning the State in which the acts authorized to be done, or the powers conferred by the section in which the words occur, have been or are to be done or exercised; and the words "the Resident" and "the Chief Police Officer" as meaning the Resident and the Chief Police Officer, respectively, of that State.

3.-(i.) Whenever it shall appear to the Resident of any of the Federated Malay States, after such enquiry as he may deem necessary or on the written information of the Secretary for Chinese Affairs, Federated Malay States, or, in his absence from the State, of the officer appointed by him to submit such written informations on his behalf in the State, or of the Chief Police Officer, the Superintendent of the Convict Establishment, or a District Superintendent of Prisons, that there are reasonable grounds for believing that the banishment from the State of any person in the State is necessary for the safety, peace, or welfare of the State or of any other Malay State, or that it is expedient that such person be required to execute a bond for his good behaviour, the Resident shall issue an order for the arrest and detention, or if he is already in prison for the detention, of such person, and shall lay before the Ruler of the State a written statement of the grounds upon which it so appears to him, and the Ruler of the State may thereupon, with the advice and consent of the Resident, order that such person be banished from the State, or may, with the like advice and consent, order that such person do, before a day to be named in the order, execute a bond, with sureties, for his good behaviour, in such amount and for such period as may be fixed by such order.

(ii.) Banishment under this section may be either for the life of the person banished or for a term to be stated in the order.

(iii.) If any person ordered to give security for his good behaviour, under the provisions of this section, does not give such security, to the satisfaction of the Resident, before the day named in that behalf in the order, or such later day as the Resident may appoint, he shall be banished from the State for such period as the Ruler of the State, with the advice and consent of the Resident, shall think fit.

4.-(i.) The warrant of arrest and detention or of detention and the order of banishment made under the last preceding section, shall be in one of the Forms (A) and (B), respectively, contained in the schedule to this Enactment.

(ii.) The warrant of arrest and detention may, if endorsed to such effect by the Resident of any other State, be executed in such other State.

(iii.) If any person, for whose arrest and detention a warrant has been issued in accordance with the provisions of this Enactment, absconds or conceals himself so that such warrant cannot be executed, he may be proclaimed and his property may be attached by any Court on the application of the Chief Police Officer of any State in which he has property, in the manner prescribed by any law for the time being in force for the proclamation of persons absconding to evade execution of the warrant of a Criminal Court and for the attachment of the property of such persons.

5. No order of banishment made under this Enactment shall be carried into effect until a warrant of execution of such order, which shall be in the Form (C) in the schedule, has been issued by the Resident, nor until after the expiration of ten days from the date of such order.

6.-(i.) When, in any State of the Federated Malay States, an order of banishment has been made under this Enactment against any person, such person shall, before the warrant of execution of such order is issued, be taken before the Resident, who shall inform him of the period for which he is banished, and warn him that he is forbidden by law to return to the State, or to enter or reside in any other Malay State, except as specially provided in the order of banishment, or (unless such person is a natural-born subject of His Britannic Majesty) to enter or reside in the Colony.

(ii.) A copy of the order of banishment in English, and also, if possible, in the language of the person banished, shall be handed by the Chief Police Officer to every such person.

7. Subject to the provisions of section 5, an order of banishment may be carried into effect in any State and at any time after the making thereof, so long as it remains in force.

8.-(i.) Every order of banishment made under this Enactment shall be carried into effect in the manner hereinafter in this section provided.

(ii.) On production of such order and of the warrant of execution of such order to the District Superintendent of Prisons in whose charge the banished person is, the banished person