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 forfeited may direct, and the Court may, out of any proceeds which may be realized by the disposition of such goods (all trade-marks and trade descriptions being first obliterated), award to any innocent party any loss he may have innocently sustained in dealing with such goods (pp. 520 to 522). offences under 13. The Act of the session of the twenty-second and twenty- Extension of third years of the reign of her present Majesty, chapter 22 & 23 Vict. seventeen, intituled "An Act to prevent vexatious indict- c. 17, to ments for certain misdemeanours," shall apply to any offence this Act. 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 (p. 517). 14. On any prosecution under this Act the Court may order Costs of costs to be paid to the defendant by the prosecutor, or to the defence or prosecutor by the defendant, having regard to the information prosecution. given by and the conduct of the defendant and prosecutor respectively (p. 518). 15. No prosecution for an offence against this Act shall be Limitation of commenced after the expiration of three years next after the prosecution. commission of the offence, or one year next after the first discovery thereof by the prosecutor, whichever expiration first happens (p. 517). 16. Whereas it is expedient to make further provision for Prohibition on prohibiting the importation of goods which, if sold, would be importation. liable to forfeiture under this Act; be it therefore enacted as follows (pp. 526 to 539): (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 39 & 40 Vict. Act, 1876 (pp. 531 et seq). c. 36. 46 & 47 Viet c. 55. (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 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 are such as are prohibited by this section to be imported (p. 536). (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 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 (p. 536). (4.) Where there is on any goods a name which is identical (5.) Such regulations may apply to all goods the importa- (8.) All regulations under this section shall be published in (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, shall be repealed as from a day fixed by regulations under this section, not being later than the first day of January 17. On the sale or in the contract for the sale of any goods Implied to which a trade-mark, or mark, or trade description has been warranty on applied, the vendor shall be deemed to warrant that the mark sale of marked goods. 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 (p. 431). 18. Where, at the passing of this Act, a trade description Provisions is lawfully and generally applied to goods of a particular of Act as class, or manufactured by a particular method, to indicate the to false description particular class or method of manufacture of such goods, the not to apply provisions of this Act with respect to false trade descriptions in certain shall not apply to such trade description when so applied: cases. 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 (p. 498). 19.-(1.) This Act shall not exempt any person from any Savings. 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 bond 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 (p. 520). 20. Any person who falsely represents that any goods are False repremade by a person holding a royal warrant, or for the service sentation as of her Majesty, or any of the Royal Family, or any govern- to royal ment department, shall be liable, on summary conviction, to a penalty not exceeding twenty pounds (p. 542). warrant. 21. In the application of this Act to Scotland the following modifications shall be made : The expression "Summary Jurisdiction Acts" means the Summary Procedure Act, 1864, and any Acts amending the same. The expression "justice" means sheriff. means The expression "Court of Summary Jurisdiction 22. In the application of this Act to Ireland, the following 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" means justices acting under those Acts. 23. The Merchandise Marks Act, 1862, is hereby repealed, and any unrepealed enactment referring to any enactment so repealed shall be construed to apply to the corresponding provision of this Act; provided that this repeal shall not affect (a) any penalty, forfeiture, or punishment incurred in (c) any right, privilege, liability, or obligation acquired, No. 13. MERCHANDISE MARKS ACT, 1891. (54 VICT. c. 15.) An Act to amend the Merchandise Marks Act, 1887. [11th May 1891.] BE it 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. The customs entry relating to imported goods shall, for Customs entry the purposes of the Merchandise Marks Act, 1887, be deemed to be trade to be a trade description applied to the goods (p. 486). description. 50 & 51 Vict. 2.—(1.) The Board of Trade may, with the concurrence of c. 28. the Lord Chancellor, make regulations providing that in cases Official appearing to the Board to affect the general interests of the prosecutions. country, or of a section of the community, or of a trade, the prosecution of offences under the Merchandise Marks Act, 1887, shall be undertaken by the Board of Trade, and prescribing the conditions on which such prosecutions are to be so undertaken. The expenses of prosecutions so undertaken shall be paid out of moneys provided by Parliament. (2.) All regulations made under this section shall be laid before Parliament within three weeks after they are made if Parliament is then sitting, and if Parliament is not then sitting, within three weeks after the beginning of the next session of Parliament, and shall be judicially noticed, and shall have effect as if enacted by this Act, and shall be published under the authority of Her Majesty's Stationery Office. (3.) Nothing in this Act shall affect the power of any person or authority to undertake prosecutions otherwise than under the said regulations (pp. 515, 707). 3. This Act may be cited as the Merchandise Marks Act, Short title. 1891, and the Merchandise Marks Act, 1887, and this Act may be cited together as the Merchandise Marks Acts, 1887 and 1891. |