590
Provisions of the Ordinance as to false description not to apply in certain cases.
c. 28 s. 18, No. 4 of 1890.
MERCHANDISE MARKS
A trade description is not a false trade description within the meaning of this Ordinance, unless the contrary is expressed in some writing signed by or on behalf of the vendor and delivered at the time of the sale or contract to and accepted by the vendee.
16. Where, at the commencement of this Ordinance, a trade description is lawfully and generally applied to goods of a particular class, or manufactured by a particular method, to indicate the particular class or method of manufacture of such goods, the provisions of this Ordinance with respect to false 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.
Savings. [ib. s. 19.]
False representation as to Royal Warrant, etc. [ib. s. 20.]
*
17.-(1) This Ordinance shall not exempt any person from any action or other proceeding which might, but for the provisions of this Ordinance, be brought against him.
(2) Nothing in this Ordinance shall entitle any person to refuse to make a complete discovery or to answer any question or interrogatory in any action, but such discovery or answer shall not be admissible in evidence against such person in any prosecution for an offence against this Ordinance.
(3) Nothing in this Ordinance shall be construed so as to render liable to any prosecution or punishment any servant of a master resident in the Colony who bona fide acts in obedience to the instructions of such master, and who, on demand made by or on behalf of the prosecutor, has given full information as to his master.
18. Every person who falsely represents that any goods are made by a person holding a Royal Warrant, or for the service of His Majesty, or any of the Royal Family, or any Government department, colonial or otherwise, shall, on summary conviction, be liable to a fine not exceeding 100 dollars.
* As amended by No. 30 of 1911 and No. 51 of 1911.
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1.
2.
the Board of Regist ...
3.- members
(2) to have ...
(3) the Governor to proceed ...
communication of the ...
4. The
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villa form and
590
Provisions of the Ordi-
hance as to false description
not to apply in certain
cases.
c. 28 s. 18, ¦
No. 4 of 1890.
MERCHANDISE MARKS.
trade description is not a false trade description within the meaning of this Ordinance, unless the contrary is expressed in some writing signed by or on behalf of the vendor and delivered at the time of the sale or contract to and accepted by the vendee.
16. Where, at the commencement of this Ordinance, a trade des- cription is lawfully and generally applied to goods of a particular class, or mamifactured by a particular method, to indicate the particular class or method of manufacture of such goods, the pro- visions of this Ordinance with respect to false descriptions shall not 150 & 51 Vict. 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 pro- duced, 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.
Savings. [ib. s. 19.]
False repre sentation as to Royal Warrant, etc. [ib. s. 20.]
*
17.-(1) This Ordinance shall not exempt any person from any action or other proceeding which might, but for the provisions of this Ordinance, be brought against him.
(2) Nothing in this Ordinance shall entitle any person to refuse to make a complete discovery or to answer any question or inter- rogatory in any action, but such discovery or answer shall not be admissible in evidence against such person in any prosecution for an offence against this Ordinance.
(3) Nothing in this Ordinance shall be construed so as to render liable to any prosecution or punishment any servant of a master resident in the Colony who bond fide acts in obedience to the instructions of such master, and who, on demand made by or on behalf of the prosecutor, has given full information as to his master.
18. Every person who falsely represents that any goods are made by a person holding a Royal Warrant, or for the service of His Majesty, or any of the Royal Family, or any Government depart- ment, colonial or otherwise, shall, on summary conviction, be liable to a fine not exceeding 100 dollars.
* As amended by No. 30 of 1911 and No. 51 of 1911.
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