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CAP. XIX. An Act to provide for the Fencing of Quarries. [19th July 1887. Whereas it is expedient to provide for the fencing of quarries in England and Wales: Be it therefore enacted, &c. :

1. Short title.] This Act may be cited as the Quarry (Fencing) Act, 1887.

2. Commencement of Act.] This Act shall not come into operation until the first day of January one thousand eight hundred and eighty-eight.

3. Fencing of quarries.] Where any quarry dangerous to the public is in open or uninclosed land, within fifty yards of a highway or place of public resort dedicated to the public, and is not separated therefrom by a secure and sufficient fence, it shall be kept reasonably fenced for the prevention of accidents, and unless so kept shall be deemed to be a nuisance liable to be dealt with summarily in manner provided by the Public Health Act, 1875. 4. Interpretation.] In this ActThe term " quarry" includes every pit or opening made for the purpose of getting stone, slates, lime, chalk, clay, gravel, or sand, but not any natural opening. 5. Extent of Act.] This Act shall not extend to

Scotland and Ireland.

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2. Extent of Act.] This Act shall not extend to Scotland or Ireland.

3. Application of Act.] This Act shall apply to every water company which is a trading company supplying water for profit, and to which any of the provisions of the Waterworks Clauses Act, 1847, have been or shall be made applicable by any special Act or Provisional Order confirmed by Parliament, and every such special Act and Provisional Order shall be deemed to be amended by this Act, and shall be construed accordingly.

4. Water not to be cut off where the water rate is payable by the owner.] Where the owner and not the occupier is liable by law or by agreement with the water company to the payment of the water rate in respect of any dwelling-house or part of a dwelling-house occupied as a separate tenement, no water company shall cut off the water supply for non-payment of the water rate, but such water rate, without prejudice to the other remedies of the company for enforcing payment there of 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 company until receipt thereof by the company, be a charge on such dwelling-house in priority to all

other charges affecting the premises; and (without recovered, with the costs incurred, from the owner prejudice to such charge) the amount may be or from the occupier for the time being in the same manner as water rates may by law be recovered: Provided always, that proceedings shall 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 then 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 off of supply in contravention of the Act.] In the event of any such supply being cut off in contravention of this Act, the company cutting off the same shall be liable to a penalty not exceeding five pounds for each day during which the water shall remain cut off, which penalty shall be recoverable summarily from the company by, and shall be paid to, the person aggrieved.

CAP. XXII.

An Act to amend the Public Libraries Acts. [8th August 1887. Be it enacted, &c. :

Preliminary.

1. Short titles.] 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. Construction of Act.] 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. Definitions.] In this Act"Metropolis" shall mean the metropolis as defined by the Metropolis Management Act, 1855 [18 & 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. Lending 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 superintendence 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 shall be applicable for the purposes of this sec

tion.

6. Amendment of Acts.] 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.

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General Pro:isions.

7. Borrowing 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 the Public Health Act, 1875 [38 & 39 Vict. c. 55], shall apply, with the necessary modifications, to all money borrowed by any library authority after the passing of this Act, as if the library authority were an urban sanitary authority and as if references to the Public Libraries (England) Acts, 1855 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 respect to the borrowing of money on mort. gage or bond is hereby repealed except as to any money borrowed before the passing of this Act.

8. Transfer to Local Government Board of certain functions of Treasury.] The powers and duties of the Commissioners of Her Majesty's Treasury under the Public Libraries (England) Acts, 1855 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 district.] Where any parish is partly within and partly without any borough or district which shall have adopted or shall contemof such parish without the borough or district plate the adoption of the principal Act, the part 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 of 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 and recovered in the same way as a poor rate, and to be subject to the same rights of appeal.

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(1.) Sections eight, nine, twelve, fifteen, twentyone, and twenty-two shall be read as if the word "district" was substituted for the word "parish"; and the words "district board" instead of the word "overseers" and the word "vestry" as the case may be.

(2.) Section thirteen shall not apply, and instead thereof the following provisions shall have effect:

The expenses of calling and holding the meeting of the ratepayers, whether the principal Act shall be adopted or not, and the expenses incurred by the Commissioners in carrying the said Act and the Acts amending the same into execution in any district, to such amount as shall be from time to time sanctioned by the district board, shall be paid out of the funds of the district board applicable to the general expenses incurred by them in the execution of the Metropolis Management Act, 1855, and the sums required for the purpose of defraying the expenses incurred by the Commissioners as aforesaid shall be paid by the district board to such person as shall be appointed by the Commissioners to receive the same, but nothing herein contained shall enable district boards to levy or expend for the purposes of the principal Act and the Acts amending the same any greater

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sum in any year than one penny in the
pound. [See 34 & 35 Vict. c. 71, s. 3.]
(3.) Section fourteen shall be read as if the words
"district boards" were substituted for the
word "vestries"; the word "district" for
parish"; and "funds applicable to the
general expenses incurred by the district board
in the execution of the Metropolis Manage-
ment Act, 1855," for "money to be raised for
the relief of the poor," and section sixteen shall
be read as if the words "district board 19

were

substituted for the word "vestry," and the
words "rates out of which the expenses of the
Commissioners are payable" for the words
“rates levied in pursuance of this Act."
(4.) Where any parish has, previously to the
passing of this Act, adopted the principal Act,
or shall subsequently adopt the same :-
(a.) No person shall, by reason of being a
ratepayer of such parish, be accounted as
a ratepayer of the district of which it
forms a part.

payment of any loan by annual instalments, pay-
ments in the nature of a rentcharge, or otherwise,
in a limited number of years.

4. Pensions to vary with tithe averages.] In the

case of every pension awarded after the passing of
this Act the amount of every half-yearly pay-
shall from time to time be regulated by the
ment on account of such pension shall vary and
averages published, under the provisions of an
Act passed in the sixth and seventh years of His
Majesty William the Fourth, chapter seventy-one,
in the month of January next preceding the date
of every such half-yearly payment, except that, if
no part of the income of the benefice is derived
from tithe rentcharge, or glebe lands, then the
pension shall not be subject to variation.

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2. Provision in case of offender failing to observe having power to deal with the offender in respect conditions of his recognizances.] (1) If a court of his original offence, or any court of summary jurisdiction, is satisfied by information on oath that the offender has failed to observe any of the conditions of his recognizance, it may issue a warrant for his apprehension.

(2) An offender, when apprehended on any such warrant, shall, if not brought forthwith before the court having power to sentence him, be brought before a court of summary jurisdiction, and that court may either remand him by warrant until the time at which he was required by his recognizance to appear for judgment, or until the sitting of a court having power to deal with his (6) No representative on the district board original offence, or may admit him to bail with a for such parish shall take any part in any sufficient surety conditioned on his appearing for judgment. proceedings under this section. (3) The offender when so remanded may be (e) Such parish shall not be called upon to contribute towards any expenses incurred, of a benefice for the purposes of this Act shall be place in or for which the court remanding him committed to a prison, either for the county or and no part of the funds of such parish the net annual value, exclusive of the parsonage, acts, or for the county or place where he is bound

shall be expended in or towards calling or
holding the meeting of the ratepayers of
the district, or carrying the Act into exe-
cution in the district.

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

(e) Any question of accounts arising between
such 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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1. Short title.] This Act may be cited for all purposes as the Incumbents Resignation Act, 1871, Amendment Act, 1887, and the Incumbents Resignation Act, 1871 [34 & 35 Vict. c. 44], hereinafter called "the principal Act"), and this Act may together be cited as the Incumbents Resignation Acts, 1871 and 1887.

2. Construction of Act.] This Act shall be construed together with the principal Act, and the provisions herein contained shall have effect as though they had been fully and expressly included in the principal Act.

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5. Amendment of 34 & 35 Vict. c. 44, s. 8.] Section eight of the principal Act shall be read as if the following words were added at the end of the section: "or be an amount which shall not leave a sufficient income to secure the due performance of the services of the church, according to the scale of stipends set forth in the eight-fifth section of the Act of the first and second Victoria, chapter one hundred and six"; and section eleven shall be read as if worded as follows: "The annual value

vicarage, or other place of residence of the in-
cumbent, after deducting all rates, taxes, and
charges assessed upon and payable out of the
benefice, 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 Commission more than two years to run."

6. Set off of pension against sum due for dilapida-
tions.] If a retired clerk shall on retirement have
become liable to the payment to his successor of
any sum on account of dilapidations under the
Ecclesiastical Dilapidations Act, 1871 [34 & 35
Vict. c. 43], and shall not have paid such sum in
manner in the said Act mentioned, it shall be law.
being to withhold the amounts due from time to
ful for the incumbent of the benefice for the time
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 benefice shall be situate.

CAP. XXIV.

An Act to amend the Crofters Holdings (Scot
land) Act, 1886.
[8th August 1887.

CAP. XXV.
An Act to permit the conditional Release of
First Offenders in certain cases.

[8th August 1887.
Whereas it is expedient to make provision for
cases where the reformation of persons convicted
of first offences may, by reason of the offender's
youth or the trivial nature of the offence, be
brought about without imprisonment:

Be it therefore enacted, &c.:

1. Power to court to release upon probation of good conduct instead of sentencing to punishment.] (1) In any case in which a person is convicted of larceny 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 to the court before whom he is so convicted that, regard being had 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 as the court may direct, to appear and receive judgment when called upon, and in the meantime to keep the peace and be of good behaviour.

to appear for judgment, and the warrant of remand shall order that he be brought before the court before which he was bound to appear for judgment, or to answer as to his conduct since his

release.

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1. Short title.] This Act may be cited as the Allotments and Cottage Gardens Compensation for Crops Act, 1887.

2. Extent of Act.] This Act shall not extend to Scotland or Ireland or to the metropolis.

3. Commencement of Act.] This Act shall come into force on the first day of January one thousand eight hundred and eighty-eight, which day is in this Act referred to as the commencement of this Act.

4. Definitions.] In this Act"The metropolis

means the city of London, and all parishes and places mentioned in Schedules A, B, and C to the Metropolis Management Act, 1855 [18 & 19 Vict. c. 120]. "Allotment" means any parcel of land of not more than two acres in extent held by a tenant under a landlord and cultivated as a garden or as a farm, or partly as a garden and partly as a farm. "Cottage garden means an allotment attached to a garden.

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"Holding" means an allotment or cottage
garden.

"Tenant" means the holder of a holding under
a landlord for any term, and includes the
legal personal representative of a deceased
tenant.
"Landlord" means the person for the time

being entitled to receive the rents and
profits of any holding.
"Person" includes a body of persons and a cor-
poration aggregate or sole.
"Contract of tenancy
land for any term.

means the letting of

"Determination of tenancy 99 means the cessor of a contract of tenancy by effluxion 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 until the conclusion of any proceedings taken under this Act on the determination of a tenancy.

5. Compensation.] Upon the determination of the tenancy of a holding after the commencement of this Act the tenant shall be entitled notwithstand ing any agreement to the contrary to obtain from the landlord compensation in money for the following matters and things, that is to say: (a.) For crops, including fruit, growing upon 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.

(b.) 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.

(c.) 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. Deduction from compensation on account of rent or breach of contract.] In the ascertainment of the amount of compensation 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 arbitrator.] 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.

8. Appointment of arbitrator.] If the landlord and tenant concur they 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 landlord and tenant or either of them may apply personally or in writing to the justices of the peace, acting for the petty sessional division in which the holding is situated, in petty sessions, and such justices shall upon the receipt of the application appoint one of their number not being interested in the holding, or other competent person not being interested as aforesaid, to act as such arbitrator. (2.) 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 remuneration.] 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 shall be paid such moderate sum as they consider will reasonably remunerate him for his time and expenses.

10. Time for commencement of arbitration.] The arbitrator shall proceed to determine any difference referred to him under this Act within seven days after his appointment.

11. Power for arbitrator to administer oaths.] 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 necessary for determination of the difference referred to him, and to take the examination of the parties and witnesses on oath and to administer oaths and take affirmations, and if any person so sworn or affirming wilfully and corruptly gives false evidence he shall be guilty of perjury.

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12. Power to proceed in absence of either party.] The arbitrator may proceed in the absence of either party after notice given to both parties.

13. Form of award and time for its delivery.] 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. Costs of arbitration.] 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 payment.] 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 be final.] 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 into 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 Agricultural Holdings (England) Act for any matter or thing for which a claim is made under this Act.] 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 pre

vail.

CAP. XXVII.

An Act to amend the Law with respect to weighing Cattle in Markets and Fairs. [8th August 1887.

Whereas it is expedient to afford the like facilities for weighing cattle in markets and fairs as are afforded for weighing goods and carts under the Markets and Fairs Clauses Act, 1847 [10 & 11 Vict. c. 14], in markets and fairs to which that Act applies:

Be it therefore enacted, &c. :

1. Short title.] 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 person is in this Act called "the market authority."

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

4. Accommodation for weighing cattle to be provided.] In or near to every market or fair to which this Act applies, the market authority shall provide and maintain sufficient 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 such 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, borough, or place where the market is situate, and the cost of such testing shall be borne by such market authority.

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. Cattle to be weighed at option of seller or buyer.] Every person selling, offering 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 weighed to the person authorised by the market authority to receive the tolls.

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

(a.) 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 half 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 cattle.] The market authority may, from time to time (unless otherwise expressly provided by any Act) demand and receive in respect of the weighing of cattle tolls not exceeding the amounts specified in the schedule to this Act, or such other amounts as may be authorised by the Local Government Board to be taken by the market authority; and sections thirty-six to forty-one (both included) of the Markets and Fairs Clauses Act, 1847 [10 & 11 Vict. c. 14], shall apply to the tolls mentioned in this section, as if this Act were the special Act, and the market authority were the undertakers.

9. Power to exempt certain markets and fairs from provisions of Act.]-(1.) The market authority of any market or fair may at any time apply to the Local Government Board to be exempted from the provisions of this Act on the ground that the sale of cattle at such market or fair is or is likely to be so small as to render it inexpedient to enforce the provision and maintenance of a place for weighing cattle and of a weighing machine under this Act; and thereupon the Local Government Board may by order declare that this Act shall not apply to such market or fair until after the expiration of a time not exceeding three years to be limited by such order. Any order made under this section may at any time be wholly or partially rescinded, altered, or extended by any subsequent order of the Local Government Board.

(2.) This Act shall not apply to any market or fair to which any order under this section applies so long as it is declared by such order that this Act shall not apply thereto.

10. Application of Act to Scotland and Ireland.] In the application of this Act to Scotland and Ireland expression "the Local Government Board" there this Act shall be read and construed as if for the were substituted, as regards Scotland, the expression" the Secretary for Scotland," and as regards Ireland, the expression "the Local Government Board for Ireland."

THE SCHEDULE. For every head of cattle other than sheep or swine

For sheep or swine, every five or less number.

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Not exceeding Twopence.

One penny.

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1. Short title.] This Act may be cited as the Merchandise Marks Act, 1887.

2. Offences as to trade marks and trade descriptions.] (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 Act, and unless he proves that he acted without intent to defraud, be guilty of an offence against this Act.

(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 precautions

against committing an offence against this Act, 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 prosecutor, 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; be guilty of an offence against this Act.

(3.) Every person guilty of an offence against this Act shall be liable

(.) 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 (ii.) on summary conviction to imprisonment, with or without hard labour, for a term not exceeding four months, or to a fine not exceeding twenty pounds, and in the case of a second or subsequent conviction to imprisonment, with or without hard labour, to a term not exceeding six months, or to a fine not exceeding fifty pounds; and (ii) 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 there from to a court of quarter sessions.

(6.) Any offence for which a person is under this Act liable to punishment on summary convic. tion may be prosecuted, and any articles liable to be forfeited under this Act by a court of summary jurisdiction may be forfeited, in manner provided by the Summary Jurisdiction Acts [42 & 43 Vict. c. 49]: Provided that a person charged with an 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. Definitions.] (1.) For the purposes of this Act

The expression "trade mark” means a trade mark registered in the register of trade

marks kept under the Patents, Designs, and | Trade Marks Act, 1883 [46 & 47 Vict. c. 57], and includes any trade mark which, either with or without registration, is protected by law in any British possession or foreign State to which the provisions of the one hundred and third section of the Patents, Designs, and Trade Marks Act, 1883, 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 Act:

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The expression "false trade description 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 trade mark, shall not prevent such trade description being a false trade description within the meaning of this Act:

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The expression goods means anything which is the subject of trade, manufacture, or merchandise: The expressions person," "manufacturer, dealer, or trader,' ," and "proprietor" include any body of persons corporate or unincorporate:

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The expression "name includes any abbrevia

tion of a name.

(2.) The provisions of this Act respecting the shall extend to the application to goods of any such application of a false trade description to goods figures, words, or marks, or arrangement or combination thereof, whether including a trade mark to believe that the goods are the manufacture or or not, as are reasonably calculated to lead persons merchandise of some person other than the person whose manufacture or merchandise they really

are.

(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 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 connexion with goods of the same description, and not having authorised the use of such name or initials, and (c) are either those of a fictitious person or of some person not bonâ fide carrying on business in connexion with such goods. 4. Forging trade mark.] 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 trade mark as to be calculated to deceive; or (b.) 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 Act 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. Applying marks and descriptions.] (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, encloses, or annexes any goods which
are sold or exposed or had in possession for
any purpose of sale, trade, or manufacture,
in, with, or to any covering, label, reel, or
other thing to which a trade mark or trade
description has been applied; or

(d) uses a trade mark or mark or trade description in any mauner 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.

shall be deemed to be applied whether it is woven, A trade mark, or mark, or trade description, 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 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. Fxemption of certain persons employed in ordinary course of business.] 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 United Kingdom, 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
trade 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 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 watches.] 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 primâ 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.

8. Mark on watch case.] (1.) Every person who after the date fixed by Order in Council sends or brings a watch case, whether imported or not, to any assay office in the United Kingdom for the purpose of being assayed, stamped, or marked, shall 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 a mark (differing from the mark placed by the office on a watch case made in the United Kingdom), and in such a mole as may be from time to time directed by Order in Counc

(2.) The declaration may be made before an officer of an assay office, appointed in that behalf by the office (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 pleading.] 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 of facsimile, to state that trade mark or

forged trade mark to be a trade mark or forged

trade mark.

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(2.) In the case of imported goods, evidence of the port of shipment shall be primâ facie evidence of the place or country in which the goods were made or produced.

11. Punishment of accessories.] Any person who, being within the United Kingdom, procures, counsels, 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 in any country or place in the United Kingdom in which he may be, as if the misdemeanour had been there committed.

12. Search warrant.] (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 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 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 of any
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. Extension of 22 & 23 Vict. c. 17 to offences
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, inti-
tuled
for certain misdemeanours," shall apply to any
"An Act to prevent vexatious indictments
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.

14. Costs of defence or prosecution.] On any prose-
cution 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. Limitation of prosecution.] 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, which

ever expiration first happens.

16. Prohibition on importation.] 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
Consolidation Act, 1876 [39 & 40 Vict. c.
36].

(2.) 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 sec-
tion, whether as to information, security,
conditions, or other matters, to be complied
with, and may satisfy themselves in accord
ance with those regulations that the goods
are such as are prohibited by this section to
be imported.

(3.) The Commissioners of Customs may from
time to time make, revoke, and vary, regula-
tions, 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.
(4.) 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,
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.

(5.) Such regulations may apply to all goods the

' Journal

,

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 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.

of

(7.) The regulations may provide for the infcrm-
ant reimbursing the Commissioners
Customs all expenses and damages in-
curred in respect of any detention made
on his information, and of any proceedings
consequent on such detention.
(8.) All regulations under this section shall be
" and in
published in the "London Gazette
the "Board of Trade Journal."

(9.) This section shall have effect as if it were
part of the Customs Consolidation Act, 1876,
and shall accordingly apply to the Isle of
Man as if it were part of the United
Kingdom.

(10.) Section two of the Revenue Act, 1883 [46 & 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 prejudice to anything done or suffered thereunder.

17. Implied warranty on sale of marked goods.] 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.

18. Provisions of Act as to false description not to apply in certain cases.] Where, at the passing of this Act, P. 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: 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.

19. Savings.] (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 United Kingdom who bonâ 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.

20. False representation as to Royal Warrant.] 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 twenty pounds.

21. Application of Act to Scotland.] In the ap

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