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PUBLIC RECORD OFFICE

Reference :-

C.O.

8855 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

of marked

goods.

146

(2.) Before detaining any such goods, or taking any further proceedings with a view to the forfeiture thereof, 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 an offence has been committed against the principal Act or this Act in regard to such goods.

(3.) 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 liable to forfeiture under this section, and the conditions 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.) Such regulations may apply to all goods liable to forfeiture under this section, or different regulations may be made respecting different classes of such goods or of offences in relation to such goods.

(5.) 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 Commis- sioners of Her Majesty's Treasury.

(6.) The regulations may provide for the informant reimbursing the Commis- sioners of Customs all expenses and damages incurred in respect of any detention made on his information, and of any proceedings consequent on such detention.

(7.) Goods brought from the Channel Islands to any port of the United Kingdom

shall be deemed for the purposes of this section to be imported.

(8.) This section shall have effect as if it were part of the Customs Consoli- dation Act, 1876, and shall apply to the Isle of Man as if it were part of the United Kingdom.

Implied war- 16. On the sale or in the contract for the sale of any goods to which a trade mark, ranty on sale 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.

(Act, 89. 19,

20.]

Savings.

Application of Act to Scotland. [Bill, cl. 15.]

Application

of Act to

Ireland. [Bill, cl. 16.]

17. (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 to affect the rights and privileges of the Corporation of Cutlers of the liberty of Hallamshire in the county of York, or to affect any of the provisions of the Act of the fifty-ninth year of George the Third, chapter seven, intituled "An Act to regulate the Cutlery Trade in England."

18. In the application of this Act to Scotland the following modifications shall be made:-

The expression "Summary Jurisdiction Acts 1864, and any Acts amending the same.

means the Summary Procedure Act,

The expression "court of summary jurisdiction" means the Sheriff Court, and all jurisdiction necessary for the purpose of this Act is hereby conferred on sheriffs. The appeal from summary conviction shall be to the sheriff.

19. In the application of this Act to Ireland, the following modifications shall be made:-

The expression "Summary Jurisdiction Acts," means, so far as respects the police district of Dublin metropolis, the Acts regulating the powers and duties of justices of the peace of such district, and as regards the rest of Ireland means the Petty Sessions (Ireland) Act, 1851, and any Act amending the same. The expression "court of summary jurisdiction

Aots.

"}

means justices acting under those

147

20. The Merchandise Marks Act, 1862, is hereby repealed, and any unrepealed Repeal enactment referring to any enactment so repealed shall be construed to apply to the of Act. corresponding provision of this Act; provided that this repeal shall not affect—

(a) any penalty, forfeiture, or punishment incurred in respect of any offence

committed against any enactiuent hereby repealed; nor

(b) the institution or continuance of any proceeding or other remedy under any enactment so repealed for the recovery of any penalty incurred, or for the punishment of any offence committed, before the commencement of this Act; nor

(e) any right, privilege, liability, or obligation acquired, accrued, or incurred under

any enactment hereby repealed.

Clause.

No. 48.

MERCHANDISE MARKS ACT (1862) AMENDMENT BILL.

ARRANGEMENT OF CLAUSES.

Clause.

8. Application of Act to watches.

Provision as to marking watch cases with indi-

cation of origin.

Amendment of procedure.

Defendant may give evidence.

12. Pauishment of accessories.

1. Short title and construction.

2. Amendment of 25 & 26 Vict. c. 88. яs. 2, 3, na

respects intent to defraud.

3. Amendment of 25 & 26 Vict. c. 88. s. 4, as to

guilty knowledge.

4. Meaning of registered trade mark,

. Amendment of 25 & 26 Vict. e. 88. s. 7, as to

false descriptions.

6. Amendment of 25 & 26 Vict. c. 88. s. 8, as to

selling goods with false descriptions.

7. Amendment of 25 & 26 Vict. c. 88. ss. 7, 8, ns to false descriptions of quality or manu- l'acture.

9.

10.

11.

15.

Search warrant.

14.

Prohibition ou importation.

15.

Application of Act to Scotland,

16.

17.

Application of Act to Irelsud, Repeal

A BILL to amend the MERCHANDISE MARKS ACT, 1862.

WHEREAS sections two and three of the Merchandise Marks Act, 1862, provide for 25 & 26 Vict.

the punishment of any person who, with intent to defraud or to enable another to c. 88. defraud any person, forges any trade mark, or applies a trade mark or a forged trade mark to any article not the manufacture of the person denoted by such trade mark, or to any cover or thing in, on, or with which any such article is sold or intended to be sold, or commits such other acts in connexion with trade marks as in the said sections mentioned:

And whereas section four of the same Act provides for the punishment of any person who sells, or exposes for sale or for any purposes of trade, any article with any trade mark which he knows to be forged or to be falsely or wrongly applied or used, or who commits the other acts in the said section mentioned:

And whereas section seven of the same Act provides for the punishment of any person who, with intent to defraud or to enable another to defraud, puts any such false description, statement, or other indication upon any chattel or article intended for sale as is therein mentioned:

And whereas section eight of the same Act provides for the punishment of any person who sells or exposes for sale any chattel or article to which any such false description, statement, or indication has to his knowledge been put:

And whereas it is expedient to make further provision for punishing the said offences:

Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. This Act may be cited as the Merchandise Marks Act, 1887. This Act shall be construed as one with the Merchandise Marks Act, 1862, which is in this Act referred to as the principal Act, and that Act and this Act. may be cited together as the Merchandise Marks Acts, 1862 and 1887.

and con- Short title

struction. 25 & 26 Vict. c. 88.

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