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16. Westminster Board oflicers.

17. Altering time and place of Westminster veslry nieetings.

18. Payment of collectors of rate: in Westminster.

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4. Water not to be cut ojf when the water rate is P“!/"bl? bi/_ the oicncv-.] Where the owner and not Ellie occupier is liable by law or by agreement with

e water company to the payment of the water sate in respect of any _dwelling-house or part of 9,

Welling-house occupied asa separate tenement, no water company shall out oif the water supply for non-payment of the water rate, but such water rate, without pre]udrce to the other l'9l1‘.ledi@g°f the company for enforcing payment thereof from such owner, shall, together with interest thereon at the rate of five pounds per centum per annum,

computed from the expiration of one month from the time when the same has been claimed by the wlnpany until receipt thereof by the company be a charge on such dwelling-house in priority $4; an

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other charges affecting the premises; and (without prejudice to such charge) the amount may be recovered, with the costs incurred, from the owner or from the occupier for the time being in the same manner as water rates may by law be recovered: Provided always, that_proceedings_sha1l not be taken against the occupier until notice shall have been given to him or left at his dwelling-house to pay the amount due for water rate out of the rent theu due or that may thereafter become due from him, and he shall have omitted so to pay such water rate; and provided also, that no greater sum shall be recovered at any one time from any such occupier than the amount of rent owing by him, or which shall have accrued due from him since such notice shall have been given or left as aforesaid, and that every such occupier shall _be entitled to deduct from the rent payable by him the sum so recovered from him or which he shall have paid on demand.

5. Penalty on cutting of of supply in contravention of the Act] In the event of any such supply being cut off in contravention of this Act, the company cuttingofi the same shall be liable to a penalty not exceeding five pounds for each day during which the water shall remain out off, which penalty shall be recoverable summarily from the company by, and shall be paid to, the person aggrieved.


An Act to amend the Public Libraries Acts. [Sth August 1887. Be it enacted, &c. :


1. Short ti'tles.] This Act may be cited as the Public Libraries Acts Amendment Act, 1887, and may, together with the Acts mentioned in the schedule hereto, be cited as the Public Libraries (England) Acts, 1855 to 1887.

2. Constrizctiori ofAct.] This Act shall be construed with the Public Libraries (England) Acts, 1855 to 1884, and expressions used in this Act shall, unless the context requires a different construction, have the same meaning as in those Acts, and where any section in any of those Acts has been modified by a subsequent Act, the reference herein made to such section shall be construed to refer to the section so modified, and the reference shall have effect accordingly.

3. Extent of Act.] This Act shall not apply to Scotland, Ireland, or the city of London.

4. Dqfinz'tions.] In this Act

“ Metropolis" shall mean the metropolis as defined by the Metropolis Management Act, 1855 [1S & 19 Vict. c. 120], excluding the city of London ;

“Library authority " means the Council, Commissioners, Board, or other persons or authority carrying into execution the Public Libraries Acts.

“District board” means a district board constituted under the Metropolis Management Act, 1855, and “ district " shall have a corresponding signification.

5. Icndiny library.] The power to erect, establish, and maintain a library, given by the Public Libraries Act, 1855 [18 & 19 Vict. c. 70] (hereinafter called the principal Act) shall be extended so as to empower the library authority to establish and maintain a lending library without providing any separate building for containing the same, and to enable them to place such lending library under the care and superinteiidence of such person as they shall think fit, and in a building or room not appropriated for the purposes of the said Act, or erected, purchased, or rented by the library authority, and all the powers of the said Acts ihall be applicable for the purposes of this sec


6. Amendmcnt qf Acis.] So much of section fifteen of the principal Act as incorporates with that Act certain clauses of the Towns Improvement Clauses Act, 1847, is hereby repealed.

The Public Libraries Amendment Act, 1877, shall have effect as if the Public Libraries Act,


1855, were recited therein.


General Pro: isions.

7. Borroioiny by library authorities.] Sections two hundred and thirty-three, two hundred and thirtyfour, and two hundred and thirty-six to two hundred and thirty-nine, both inclusive, of t_he Public Health Act, 1875 [38 Sc 39 Vict. c. 55], shall apply, with the necessary modifications, to all money borrowed ‘oy any library authority after the passing of this Act, as if the library authority were an urban sanitary authority and as if refef-_ ences to the Public Libraries (England) Acts, 18cc to 1887, were substituted in those sections and in the forms therein mentioned for references to the Sanitary Acts or the Public Health Act, 1875- _

So much of section seventeen of the principal Act as incorporates the clauses and provisions of the Companies Clauses Consolidation Act, 1845, with res ect to the borrowing of money on mortgage or bond is hereby repe ed except aeto an! money borrowed before the passing of this Act.

8. Transfer to Local Governmcnt Board of c_crtm'n functions of Treasury/.] The powers and duties of the Commissioners of Her Majesty’s Treasury under the Public Libraries (England)_Acts,185_5 to 1887, shall from and after the passing of this Act be transferred to the Local Government Board, and sections sixteen and eighteen of the principal Act shall be construed and have effect as if a reference to the approval of the Local Government Board were therein substituted for a reference to the approval of Her Majesty's Treasury.

9. Provision as to parish partly within and partly without a borough or dislrict.] Where any pflflflh 15 partly within and artly without any borough or district which shall] have adopted or shall contemplate the adoption of the principal Act, the part of such parish without the borough or dlfltflct shall, for the purposes of the fourth section of the Public Libraries Amendment Act (England and Scotland), 1866 [29 & 30 Vict. c. 114], be considered a parish within the meaning of the said section; and the overseers of the poor for the said parish shall, for the purposes of the said section» be considered the overseers of the part _ the parish situate without the borough or district, and the expenses referred to in the said section shall’ so far as such part of the parish is concerned, be defrayed out of a rate to be levied by the overseers in such part of the parish, either as an addition to the poor rate, or as a separate rate to be made 8115 recovered in the same way as a poor rate, and 19° be subject to the same rights of appeal.

Provisions afi?-cliny the Metropolis only.

10. Power for district in the metropolis to adopt ill! .Ac!.] In the metropolis anay gisérict ghplg fig; power to adopt the princip 0 . "~11 ° purpose the said Act shall be altered and have effect as fo1lows:—

(1.) Sections eight, nine, twelve, fifteen. wantione, and twenty-two shall'be read as if tbs word " district ” was Bub;t1t:lt§§l:Ql':h;0:;?ir"

ll ' If

parish - and the wor s is 1'10 instead of lhe word “ overseers" and the word “ vestry ” as the case may be. _

(2) Section thirteen shall not apply. and "1stead thereof the following provisions shall have effect :— _

The expenses of calling and 1101111118 the meeting of the ratepayers, whether the principal Act shall be adopted or not, slid the expenses incurred by the Commisioners in carrying the said Act and the Acts amending the same into execution in any district to such amount as shall P6 from time tb time sanctioned by the district board shall be paid out of the il111d5 of the district board applicable $0 H19 general expenses incurred by them in the execution of the Metropolis Management Act 1855 and the sums required for the Durpose bf defraying tho “Pens11." curred by the Commissioners as aforesaid shall be paid by the district board to such person as shall be uppvifllfid DY the Commissioners to receive the same. but nothing herein contained fllllg enable district boards to levY °rPen for the purposes of the pl'ifl¢iP"1A°t“d the Acts amending the same any 81'°“t°r

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shall be expended in or towards calling or holding the meeting of the ratepayers of the district, or carrying the Act int/0 execution in the district.

(d) And, in every respect, such parish shrill, for_the purposes of this section, be treated as if it were outside the district.

(e) Any question of accounts arising between si_ich_parish and the other parishes in the district, or between such parish and the district, in consequence of this section, shall be decided finally by the Local Government Board.

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_ 9| P age: vicarage, or other place of residence of the incumbent, after deducting all rates, taxes, and charges assessed upon and payable out of the beneflce, which charges shall include the salary of any curate who is compulsorily employed, and any annual payments in respect of any terminable mortgage having at the time of the sitting of the said ommission more than two years to run.”

6. Set of of pension against sum dim for dilapidats‘on.s.] If a retired clerk shall on retirement have become liable to the payment to his successor of any sum on account of dilapidationa under the Ecclesiastical Dilapidations Act, 1871 [3-1 & 35 Vict. c. -13], and shall not have paid such sum in manner in the said Act mentioned, it shall be lawful for the incumbent of the beneflce for the time being to withhold the amounts due from time to time in respect of any pension granted under the principal Act and to apply the same in discharge of the sum due for dilapidations as aforesaid until the whole debt shall have been discharged.

Provided that the amount so withheld in any one year shall not exceed one half the total amount of the pension for such year without the consent of the bishop of the diocese in which such beneflce shall be situate.

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1. ]’ower to court lo release upomprobalion of good conduct iiisteaci of at-ntmriitg to pum.vIunent.] (l) In any case in which a person is convicted of 1_arceny or false pretences, or any other offence punishable with not more than two years imprisonment before any court, and no previous conviction is proved against him, if it appears tothe court before whom he is so convicted that, regard being bad to the youth, character, and antecedents of the offender, to the trivial nature of the offence, and to any extenuating circumstances under which the offence was committed, it is expedient that the offender be released on probation of good conduct, the court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a recognizance, with or without sureties, and during such period Bf-1 the mutt WW direct, to appear and receive Judgment when mlled upon, and in the rnriintimo to keep the


peace and be of good behaviour.


(2) The court may, if it the offender sliall pay the on or some portion of the san and by such instalments as 1 oourt.

2. Provision in case of of} coiidilions of his recoynizarir having power to deal with tl of his original offence, or t jurisdiction, is satisfied by that the offender has failed conditions of his recognizz warrant for his apprehension

(2) An offender, when app warrant, shall, if not brou the court having power t brought before a court of . and that court may either re until the time at: which he recognizance to appear for ji sitting of a court having pt original offence, or may ads sufllcient surety conditioned judgment.

(3) The offender when st committed to a prison, eitl place in or for which the i acts, or for the county or pla to appear for judgment, an mand shall order that he b court before which he was judgment, or to answer as to release.

3. Condition: as to abode court, before directing the : under this Act, shall be satis or his surety has a fixed plac occupation in the county 0] court acts, or in which the ot during the period named for conditions.

4. D5/iuition of “court."] “court” includes a court t tion.

5. Slim-t title.] This Act Probation of First Olfendora

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An Act to provide Coinpen piers of Allotments and 1 crops left in the ground tenancies.

Be it enacted, &c.:

l. Short titZe.] This Act ll Allotments and Cottage Ga for Crops Act, 1887.

2. Ertmt ofAvl.] This Ac Scotland or Ireland or to the .

3. Cunsntenunmtt of A 01.] T into force on the first day of J eight hundred and eighty-ei| this Act referred to as the co Act.

4. .De;/im'ts'ons.] In this Act“ The metropolis” means t‘ and all parishes and Schedules A, B, and l Management Act, 1855


“ Allotment " means any _] more than two acres ll tenant under ti landlord garden or as a farm, oi and partly as a farm.

“ Cottage garden ” means at to a garden.

“Holding” means an all garden.

“ Tenant" means the holdci a landlord for any tori legal personal repreaen tenant.

“ Landlord" moans the pt being entitled to rece profits of any holding.

“ Person " includes a body 0 poration aggregate or so

“Contract of tenancy " mt land for any tcrm.

“ Determination of tenancy ” means the cessor of a contract of tenancy by eflluxion of time or from any other cause.

The designations of landlord and tenant shall for the purposes of this Act continue to apply to the parties to a contract of tenancy imtil the conclusion of any proceedings taken under this Act on the determination of a tenancy.

5. Cornpm.mtion.] Upon the determination of the tenancy of a holding after the commencement of this Act the tenant shall be entitled notwithstanding any agreement to the contrary to obtain from the landlord compensation in money for the following matters and things, that is to say _: —

(IL) For crops, including fruit, growing npo_n the holding in the ordinary course of cultivation, and for fruit trees and fruit bushes growing thereon, which have been planted by the tenant with the previous consent in writing of the landlord.

For labour expended upon and for manure applied to the holding since the taking of the last crop therefrom in anticipation of a future crop.

For drains and for any outbuildings, pigsties, fowlhouses, or other structural improvements made by the tenant upon his holding with the written consent of his landlord.

6. Drductiori from compnimtion on account of rent or breach of conh'act.] In the ascertainment of the amount of compensafion payable to the tenant under this Act, any sum due to the landlord in respect of rent or of any breach of the contract of tenancy or wilful or negligent damage committed or permitted by the tenant shall be taken into account in reduction of the amount of compensation.

7. Compensation if not agreed upon to be settled by an a1'bih'ntor.] The landlord and tenant may agree upon the amount and time of payment of compensation to be paid under this Act. If in any case they do not so agree, the difference shall be settled by an arbitrator.

‘e8. fppainlmerg of urbitruton] If the landlord and nan - concur t ey may within twenty-eight days after the determination of the tenancy jointly appoint such arbitrator. If they do not concur, such arbitrator shall be appointed in the following manner:-—

(1.) The landlprd and tenant or either of them r_nay_ app y ersonally or in writing to the ]l.1Sf.1C8i1 03 the peace, acting for the petty session ivision in which the holding is situated, in petty sessions, and such justices shall_ upon the receipt of the application pppozng onehofhthgir number not being in

eres e in t e o ing or other competent pezson noltl being interested as aforesaid, to ac assuc ar itrator. If before award _the person so appointed dies or becomes incapable of acting or for seven days after his appointment fails to act the justices shall appoint in manner aforesaid another arbitrator.

9. Justices if practicable to appoint person to act as arbitrator without remmieration.] The justices shall in all cases in which it is practicable obtain the consent of the arbitrator to act without remuneration, and in any case in which it is impracticable to obtain such consent they shall direct that the arbitrator s_hal.l be paid such moderate sum as they consider will reasonably remunerate him for his time and expenses.

10. Time for commeuccmc-nt of arbitration] The arbitrator shall pfioceed to determine any difference referred to ‘in under this Act within seven days after his appointment.

ll. Power for arbitrator to administer i7{l”|s',] The arbitrator, if he shall consider it desirable or necessary so to do, shall have power to call for the production _of any document which is in the possession of either party, or which either party can Produce, and which to the arbitrator seems necesiary for determination of the difference referred to £113, apd to take the examination _of the parties takawlmnelses on oath and to administer oaths and

B 'm‘*l1P“5. Bud If any person so sworn or

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13. Form of award and time for its dali1.'ery.] The award shall be in writing signed by the arbitrator, and shall be ready for delivery within fourteen days after his appointment, or within such extended time not exceeding in the whole twentyeight days after his appointment as the parties may agree upon in writing.

14. Oasis of arbitratiom] The costs (if any) of and attending the arbitration including the remuneration (if any) of the arbitrator shall be borne and paid by the parties in such proportion as to the arbitrator appears just, and the award may direct the payment of the whole or any part of the aforesaid costs by the one party to the other, or may declare that no costs shall be payable.

15. Day for pa;/ment.] The award shall fix a day not sooner than fourteen days after the delivery of the award for the payment of the money awarded for compensation, costs, or otherwise.

16. Award to befinal.] The award shall be final and conclusive in every case; and neither the submission to arbitration nor the award shall be made a rule of any court, or be removable by any process mto any court.

17. Recovery of compensation money.] Where any money agreed or awarded to be paid for compensation, costs, or otherwise, is not paid within fourteen days after the time when it is agreed or awarded to be paid, it shall be recoverable upon order made by the judge of the county court within the district of which the holding is situated, as money ordered to be paid by a county court under its ordinary jurisdiction is recoverable.

18. No claim to be made under the Agricullural Holdings (England) Act for any mailer or thing for which a claim is made under this Acl.] No claim for compensation shall be made under the Agricultural Holdings (England) Act, 1883, for any matter or thing in respect of which a claim for compensation is made under this Act, and in any case in which the provisions of that Act and of this Act conflict the provisions of this Act shall prevail.


An Act to amend the Law with respect to weighing Cattle in Markets and Fairs. [Sth August 1887.

Whereas it is expedient to afford the like facilities for weighing cattle in markets and fairs as are afiorded for weighing goods and carts under the Markets and Fairs Clauses Act, 1847 [10 & ll Vict. c. 14], in markets and fairs to which that Act applies :

Be it therefore enacted, &c. :

l. Short tillc.] This Act may be cited as the Markets and Fairs (Weighing of Cattle) Act, 1887.

2. Application of Act.] This Act, save as is hereinafter provided, shall apply to all markets and fairs in which tolls are for the time being authorised to be taken and actually are taken in respect of cattle by any company, corporation, or person ;_ and every such company, corporation, or p_i1’S()l1 is in this Act called “the market authori y.

3. Interprstatisn.] In this Act the word “ cattle " includes ram, ewe, wether, lamb, and swine.

4. Accmnmodation for weighing cattle to be proi:in'ezi.] In or near to every market or fair to which this Act applies, the market authority shall provide and maintain suificient and proper buildings or places for weighing cattle brought for sale within the market or fair, and shall keep therein or near thereto weighing machines and weights_for the purpose of weighing cattle, and shall appoint proper persons to have charge of such machines and weights, and to afford the use of_ su_ch machines and weights to the public for weighing cattle as may be from time to time required.

The market authority shall have the accuracy of such weighing machines and weights tested at least twice in every year by the local inspector of weights and measures of and for the county,

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If the market authority fail to comply with the provisions of this section, it shall not be lawful for them to demand, receive, or recover any toll whatever in respect of any cattle brought to the market or fair for sale so long as such failure continues, but this enactment shall not apply till after the first day of January one thousand eight hundred and eighty-eight. _

Any person who demands or receives any toll in respect of cattle in any market or fair to which for the time being this Act applies, but in which the market authority have not complied with the provisions of this Act, shall be liable on summary conviction to a fine not exceeding five pounds.

5. Callle to be weighed at option of seller or buycrz] Every person selling, ofiering for sale, or buying any cattle in a market or fair provided with accommodation for weighing cattle may require such cattle to be weighed, and the tolls payable in respect of the weighing shall be paid by the person requiring the cattle to be weighedtothe _person authorised by the market authoiity to receive the tolls.

6. Penalty for refusal to weigh cattle or to yive ticket, 4c.] Every person appointed by the market authority to weigh cattle sold in the market or fair, who-

(ii.) refuses or neglects to weigh the same when

required ; or

(b.) refuses or neglects to deliver to the seller or

buyer a ticket specifying the true weight of the cattle weighed; or

(c.) gives to any person a false ticket or account

of any cattle weighed; shall be liable on summary conviction to a fine not exceeding forty shillings and not less than hall a crown.

7. Penalty for fraud.] Every person who knowingly acts or assists in committing any fraud respecting the weighing of any cattle weighed in pursuance of this Act, shall for_every such offence be liable on summary conviction to a fine not exceeding five pounds.

8. Tolls for weighing cattl4.] The market authority may, from time to time (unless otherwise expressly provided by any Act) demand and receive iii respect of the weighing of cattle tollfl 11°F exceeding the amounts specified in the schedule to this Act, or such other amounts as may be authorised by the Local Government Board be taken by the market authority; and scCtl0119 thirty-six to forty-one (both included) of Y_tl1° Markets and Fairs Clauses Act, 18 i7 [l0 & ll \ ict. c. 14], shall apply to the tolls mentioned in this section, as if this Act were the special Act, and llw market authority were the undertakers.

9. Power to exempt certain markets and fa!" fl'_"’" provisions of Act.]--(1.) The market suthonty of any market or fair may at any time appl!’ 5° the Local Government Board to be exempted from “:9 provisions of this Act on the ground that the so B of cattle at such market or fair is or is likely to l->6 so small as to render it inaxpedient to enforce f-be provision and maintenance of a place for wclfihms cattle and of a weighing machine under this Act. and thereupon the Local Government Board mfg by order declare that this Act shall not appl); such market or fair until after the explrqhqfl ° bl‘ time not exceeding three years to be l_iinited_ y such order. Any order made under this spills" may at any time be wholly or partially rescin c i altered, or extended by any subsequent order ° the Local Government Board.

(2.) This Act shall not apply _w a1=y_m*"l“°,.°‘ fair to which any order under this section flppA1°€ so long asit is declared by such order that this C shall not apply thereto.

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CAP. XXVIII. ls to consolidate and amend the Law ;n g to Fraudulent Marks On Merchandise. [23rd August 1887. enacted, &c. :

iri_ MIA] This Act may be cited as the idise Marks Act, 1887.

arms as In frarls mar/ca and frads iiescriptiorm] iry person who

irges any trade mark ; or

Ilsely applies to goods any trade mark or “Y mark B0 nearly resembling a trade isrk as to be calculated to deceive ; or

akes any die, block, machine, or other istrument for the purpose of forging, or of eing used for forging, a trade mark ; or pplies any false trade description to goods ; sposes of or has in his possession any die, lock, machine, or other instrument for the urpose of forging a trade mark ; or

:su_ses any of the things above in this
action mentioned to be done,

Jl)_]60l2 to the provisions of this Act, and
is proves that he acted without intent to
. be guilty of an offence against this Act.

very person who sells, or exposes for, or his possession for, sale, or any purpose of Ir manufacture, any goods or things to sny_ forged trade mark or false trade ion is applied, or to which any trade mark so nearly resembling a trade mark as to lated to deceive is falsely applied, as the V be. shall, unless he proves— hat having taken all reasonable precautions gainst committing an offence against this ct, he had at the time of the commission . the alleged offence no reason to suspect is genuineness of the trade mark, mark, or ads description; and hat on demand made by or on behalf of is prosecutor, he gave all the information . his power with respect to the persons om whom he obtained such goods or nngs; or hnt otherwise he hud acted innocently ; V of an offence against this Act. very person guilty of an offence against shall be liable_. conviction on indictment to imprisonent, with or without hard labour, for a rm not exceeding two years, or to fine, or both imprisonment and fine ; and 1 summary conviction to imprisonment, .th or without hard labour, for a term not seeding four months, or to a flne not toeediiig twenty pounds, and in the case _s second or subsequent conviction to imisonment, with or without hard labour, to term not exceeding six months, or to a l0 not exceeding fifty pounds ; and l any case, to forfeit to Her Majesty every attel, article, instrument, or thing by -ans of or in relation to which the offence s been committed. no court before whom any person is conder this section may order any forfeited > be destroyed or otherwise disposed of as thinks fit.

any person feels aggrieved by any conade by a court of summary jurisdiction, appeal therefrom to ii court of quarter

y offence for which a person is under iable to punishment on summary convicbe prosecuted, and any articles liable to ed under this Act by a court of summary )1] may be forfeited, in manner provided mmpary Jurisdiction Acts [42 & 43 Vict., 'rovided that ii person charged with an ide_r this section before u court of sum- I LSd.lCIl0l1 shall, on appearing before the lbefore the charge is gone into, be in_ his right to be tried on indictment, and ires be so tried accordingly.

.ition.v.] (1.) For the purposes of this

pression “trade mark" means a trade rk registered in the register of trade


marks kept under the Patents, Designs and ‘grade Marks Act, 1883 [46 & 4.7 Viht. c. Ziilisimvgiiiinclude-S “"7 °"‘.d° “‘.*"k ."bi°hi

or _without registration, is progigggnbgtgsg pa any liripfh Possession or

w ic ' '

the one hundred and l3l.lll'i1e86€}ll:.(l')(:ll1slOlJBtl:§ Pasteuts, Designs, and _'1‘i-ads Marks Act, l_8 3, are, under order in Council, for the time being applicable:

Tl:i6e::l?l'i§BlOl1 “ trade description" means pny

direcéigfizaipgggement, or other indication, (again to the Ypligbgr, quangigzy, measure, ge or weig o _ (5-) 1:1?-O the plum‘-lie or cllihyiviitgrty ll: wllich any go s were ma e or produced 9;<¢‘-) l:i$°_ T-ho modedof manufacturing or pr ucing any goo s or (dgrpscgo thazdmaterisfof which any goods mpos or (1.) as to any gdods being the subject of an existing patent, privilege, or copyright, and the use of any figure, word, or mark which, azpording to the custom _of the trade, is commonly en to be an indication of any of the above m%1t_erst,hshall be d88IIfl6€l.1FrO2B a trade description wi in e meaning o is ct; The expression " false trade description” means a trade description which is false in a material respect pa regards the goods to which _it is applied, and includes every alteration of a_t_i-ade description, whether by way of addition, efiacement, or otherwise, _where that alteration makes the description false in a material respect, and the fact that a trade description is u trade mark, or part of a trade mark, shall not prevent such trade description being a false trade description within the meaning of this Act:

expression “ goods " means anything which iithpfsubgect of trade, manufacture, or mere an ise:

The expressions “person,” “manufacturer, dealer, or trader,” and "proprietor" include any body of persons corporate or uniucorporate :

The expression " name ” includes any abbreviation of a name.

2. The revisions of this Act 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 merchandise of some person other than the person whose manufacture or merchandise they really



(3.) The provisions of this Act 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 ofa 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 colonrable imitation of the name or initials of a person carrying on business in connexion with goods of_the same description, and not having authorised the use of such name or initials, and are either those of ii fictitious person or of some person not _boni'i_ flde carrying on business in connexion with such goods. 4. Forging trade IHGT/6.] A person Blldll b9 deemed to forge a trade mark who either(11.) without the assent of the proprietor of the trade mark makes that trade mark or a mark so nearly resembling that trade mark as to be calculated to deceive; or falsifies any genuine trade mark, whether by alteration, addition, cffacement, or otherand anv;tT-aide mark or mark so made or falsified is iii this Act referred to as a forged trade mark. Provided that in any prosecution for forging at

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trade mark the burden of proving the assent of the proprietor shall lie on the defendant.

5. Applying marks and descriptions] (l) A parsou shall be deemed to apply a trade mark or mark or trade description to goods who —

(11.) applies it to the goods themselves; or

(12.) 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

(0,) places, encloses, or annexes any goods which are sold or exposed or had in possession for any purpose of sale, trade, or manufacture, iii, with, or to any covering, label, reel, or other thing to which a trade mark or trade description has been up lied ; or uses a trade mark or marl‘; or tradedescriptiou in any manner calculated to lead to the belief that the goods in connexion 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 aifixed to the goods, or to any covering, label, reel, or other thing.

(3.) A person shall be deemed to falsely apply to goods a trade mark or mark, who, without the assent of the proprietor of a trade mark 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.

6. Exemption of certain persons employed in ordinary course of bu.vineaa.] 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 dons, 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 United Kingdom, and was not interested in the goods by way of profit or commission dependent on the sale of such goods ; and That he took reasonable precautions against committing the offence charged ; and 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 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 description was appliedhe 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 . Application of Act to watcIm.] Where a watch case has thereon any words or marks which constitute, or are by common repute consideIed_as constituting, a description of t e 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 primfi. fscie 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 exorl-ssiou "watch" means all that p0I‘ll0il of

a watch which is not the watch case.


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S. Jlark on watch casa] (1.) Every person who after the date fixed by Order in Council sends or brings a watch case, whether imp_orted or not, to any assay oflice in the United kingdom for the purpose of being assayed, stamped, or marked, shill make a declaration declaring in what country or place the case was made. If it appears _by such declaration that the watch case was made in some country or place out of the United Kingdom, the assay office shall place on the case such amark (differing from the mark placed by the oifice on _a watch case made in the United Kingdom), and in such a mo-"le as may be from time to time directed by Order in Counc

(2.) The declaration may be made before an offlcer of an assay ofilce, appointed in that behalf by the ofice (which officer is hereby authorised to administer such a declaration), or before a justice of the peace, or a commissioner having power to administer oaths in the Supreme Court of Judicature in England or Ireland, or in the Court of Session in Scotland, and shall be in such form as may be from time to time directed by Order in Council.

(3.) Every person who makes a false declaration for the purposes of this section shall be liable, on conviction on indictment, to the penalties of perjury, and on summary conviction to a fine not exceeding twenty pounds for each offence.

9. Trade mark how described in pleadi'n_q.] In any indictment, pleading, proceeding, or document, in which any trade mark or forged trade mark is intended to be mentioned, it shall he euflicient, without further description and without any copy of facsimile, to state that trade mark or forged trade mark to be a trade mark or forged trade mark.

10. Rules as to e~m'dence.] In any prosecution for an offence against this Act,

(l ) 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 im orted goods, evidence of the port of shipment shrill he prima facic evidence of the place or country in which the goods were made or produced.

ll. Punishnierit of rwce.vs0n'es.] Any person who, being within the United Kingdom, procures, co_un'sels, aids, abets, or_ is accessory to the commission, without the United Kingdom, of any act, which, if committed in the United Kingdom, 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 i_n any country or place in the United Kingdom m which he may be, as if the misdemeanour had been there committed.

12. Search warranl._] (1.) Where, upon information of an offence against this Act, a justice 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 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 anyplace, 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 informati

_ I on or complaint may pa fluid for the purpose only of enforcing such H: 81 urc, and_a court of summary jurisdiction

“my cause notice to be advertised stating that,

ess 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 Act,
may be destroyed or otherwise disposed of in such
manner as the court by which the same are for-
feited may direct, and the court may, out oflany
proceeds which may be realised by the disposition
of such goods (all trade marks and trade descrip-
tions being first obliterated), award to any
innocent party any loss he may have innocently
sustained in dealing with such goods.

13. Erlmsion of 22 4- 23 Vict. c. 17 lo oflences under this Act.] The Act of the session of the twenty-second and twenty-third. years of the reign of Her present Majesty, chapter seventeen, intituled “An Act to prevent vexatious indictments for certain misdemeanours," 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 one of that Act, but this section shall not apply to Scotland.

l-1. Costs of defence or prosecution] On any prosecution under 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.

15. Liinitation of prosemti'on.] No prosecution for an offence against 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.

16. 1’r0/iibition on |'mportali'on.] Whereas it is expedient to make further provision for prohibiting the importation of goods which, if sold, would be liable to forfeiture under 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, 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 United Kingdom, and, subject to the provisions of this section, shall be included among goods prohibited to be imported as if they were specified in section forty-two of the Customs ggpsolidation Act, 1876 [39 & 40 Vict. c.

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 Commissioners 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 themselves in accordance with those regulations that the goods sre such as are prohibited by this section to be imported.

The Commissioners of Customs 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.

\Vhere 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 purposes of this section as if it were the name of a place in the United Kingdom.

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importation of which is prohibited by this section, or different regulations may be made respecting difierent classes of such goods or of offences in relation to such goods. _ _

(6.) The Commissioners of Customs, in making and 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 Commissioners of Her Majesty's Treasury. _

(7.) The regulations may provide for_tlie mfcrmant reimbursing the Commissioners _ot Customs all expenses and damages rucurred in respect of any detention inade on his information, and of any proceedings consequent on such detention. _

(8.) All regulations under this section ‘pllflllllfl published in the “ London Gazette and in the “ Board of Trade Journal.” _ _

(9.) This section shall have efiect as ifrt were part of the Customs Consolidation Act, 1846, and shall accordingly apply to the Isle of Man as if it were part of the United

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(l0.)hSe!i§ioiimtwo of the Revenuo Act, 1883 [46 6: 47 Vict. c. 55], shall be repealed as from a day fixed by regulations under this section, not being later than the first day of January one thousand eight hundred and eightyeight, without pl‘B]lld106 to anythmg done or suffered thereunder.

' aw-ant an sals 0 marl.-ed goodn] On thd7sal{a"b1i-Iii: the contyract for the sale of any goods to which a trade mark, or mark, or trade description has been applied, the vendor shall be deemeg to warrant that the mark is a genuine tradle E1858 and not forged or falsely applied» °Y @155,“ 9 . 31,11 description is not_ a false trade description wi ex the meaning of this Act, _uuless the 00Ilb1’ll1)Ie{J 1?‘ 0} pressed in some writmg signed by 0! 011 h ‘*1 or the vendor and delivered at the time of t e sa e contract to and accepted by the yendw

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21. Application of Act to Scolland.] In theF

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