their release, within two months from the date of the Board's order for their detention, are to be removed to the Queen's warehouse, without special directions in each case, should the officers see no circumstances which call for exceptional treatment.

(7.) The officers are to take care that, in all cases where the (7.) QualifyBoard allow qualifying words to be added before the delivery ing marks. of goods, such words are applied in characters clear, conspicuous, and as indelible as the marks requiring qualification, and in close proximity to those marks.

To the Collector.

By order, E. GOODWYN.

P.-GENERAL ORDER 8/1890.

CUSTOM HOUSE, LONDON,

25th January, 1890.

Merchandise Marks Act.

As to marking of imported Bales of Wool.

The officers are informed that wool imported from New Zealand and the Australian and Cape Colonies, in bales marked with the names of the Stations upon which the wool is grown, or the breed of sheep, such as "Bridgwater," Cheviot," "Lincoln Slipes," &c., and which are often identical with the names of towns or districts in the United Kingdom, need not, until further orders, be detained for want of an accompanying indication of the country of origin. By order of the Board,

R. T. PROWSE.

Q.-GENERAL ORDER 50/1893.

CUSTOM HOUSE, LONDON,

12th July, 1893.

Merchandise Marks Act, 1887.

The Proprietor of a Registered Mark to be apprized when goods have been detained for an infringement of such Mark.

With reference to the provisions contained in the regulations made by the Commissioners of Customs under section 16 of the Merchandise Marks Act of 1887, and to those of General Order 99/1887, the Board direct that, when goods are detained on account of names or marks which have been registered in

this department, care be taken in every case that, in addition to the usual notice of seizure required under section 207 of the Customs Consolidation Act, information of the detention, and of the cause of such detention, be at once given in writing to the person who has so registered his name or mark, or to the representative appointed by him to authorize delivery of the goods, who is at the same time to be called upon to enter into the required security without delay, and informed that unless immediate attention is given to the matter the goods will be released.

If, at the end of four days, the collector (or other principal officer concerned) does not receive a reply he will release the goods; but the collectors will observe that the limit to the time of detention here laid down does not apply in cases where the marks are such as to render the goods liable to detention irrespective of the question of registration; and in such cases the above clause intimating an early release of the goods in the absence of due attention being paid to the matter is to be omitted from the notice given to the owner of the mark or his representative.

By order of the Board,
JOHN COURROUX.

The Board, having had their attention recently called to the marks on French sparkling wines, hereby inform officers for their guidance, that on and after the 1st October next, the words "Saumur Champagne," or the like words, when applied as a description to sparkling wines of Saumur, will not be admissible under the provisions of the Merchandise Marks Acts. Any such importations marked descriptively with expressions involving the word "Champagne," or otherwise than merely "Saumur," "Saumur Mousseux," "Sparkling Saumur," or the like, must therefore, on and after the date above named, be detained for the Board's directions. By order of the Board, JOHN COURROUX,

No. 15.

ERRORS IN TRADE DESCRIPTIONS OF MEASURE ALLOWED UNDER THE INDIAN M. M. A.

NOTIFICATION.-No. 1118.-Simla, 13th August, 1889. In the exercise of the power conferred by section 16 of the Indian Merchandise Marks Act, IV. of 1889, the Governor General in Council directs that criminal courts, in giving effect to the provisions of the Act in respect of trade descriptions of quantity, measure, or weight of the goods specified hereunder, shall observe the following instructions:

I. A trade description of length stamped on grey, white, or coloured cotton piece goods shall not be deemed to be false in a material respect unless

(a) Where a single length is stamped, the description exceeds the actual length by more than

4 inches in pieces stamped as 10 yards long and under;

46998♪

above 10 yards and up to 23 yards long ;

5

7

18

47 yards long;

provided that the average length of the goods in question shall not be less than the stamped length.

(b) Where a maximum and a minimum length are stamped, the described maximum length is greater than the actual length by more than

9 inches in piece goods under 35 yards long;

18

35 yards and up to 47 yards long;

above 47 yards long;

provided that no such piece shall measure less than the minimum stamped length.

II. A trade description of width stamped on grey, white, or coloured cotton piece goods shall not be deemed to be false in a material respect unless the description exceeds the actual width by—

inch in pieces stamped as 40 inches or less in width;

over 40 inches or under 59 inches in width; 59 inches or more in width;

provided that the average width of the goods in question shall not be less than the stamped width.

K.

Ꮓ Ꮓ

III. A trade description of count or number, length or weight, applied to grey cotton yarn shall not be deemed to be false in a material respect unless-

(a) The described count or number is greater or less than the actual count or number by more than

5

per cent.; or

(b) The average length of the whole number of hanks in a bundle of such yarn is less than 840 yards; or

(c) In a bundle described as being 10 lbs. in weight, the number of knots or moras of 10 hanks each is not the same as, and the number of knots or moras of five hanks is not double, the described count or number of the yarn. IV. A trade description of count or number applied to a bundle of dyed cotton yarn shall be accepted as indicating length only, the hank being taken to measure 840 yards, and it shall be deemed to be false in a material respect if it exceeds the actual length by more than 5 per cent.;

Provided that the average length of the whole number of hanks in the yarn in question shall not be less than the described length.

V. A trade description of length applied to thread of any kind (of cotton, wool, flax, or silk) shall not be deemed to be false in a material respect unless it exceeds the actual length by more than 1 per cent.

VI. The dimensions of goods on which their length or width is stamped shall be determined by measurement in imperial yards of 36 inches.

A. P. MACDONNELL,

Secretary to the Government of India.

No. 16.

REGULATIONS MADE BY THE BOARD OF TRADE WITH THE CONCURRENCE OF THE LORD CHANCELLOR UNDER SECTION 2 OF THE MERCHANDISE MARKS ACT, 1891, WITH REGARD TO THE PROSECUTION OF OFFENCES UNDER THE MERCHANDISE MARKS ACT, 1887 (a).

1. The prosecution of offences under the Merchandise Marks Act, 1887, shall, subject to the condition hereinafter prescribed, be undertaken by the Board of Trade in cases which appear to the Board to affect the general interests of the country, or of a section of the community, or of a trade.

2. Every application to the Board to undertake a prosecution shall be accompanied by the following documents:

(a) A statement showing the nature and circumstances of the case, and sufficient to enable the Board to form an opinion whether the case affects the general interests of the country, or of a section of the community, or of a trade.

(b) A statement showing the facts which, if the Board undertake the prosecution, will be capable of proof, and setting out the proofs and names of the witnesses available to prove such facts.

The Board may require the above statements to be supplemented, or additional evidence to be furnished. 3. If, on the evidence, the Board is of opinion that there is no reasonable prospect of a conviction being obtained, the Board will not, unless it thinks fit, undertake the prosecution.

4. If the Board is of opinion that the prosecution would be better or more properly conducted under some other Act of Parliament other than the said Act, the Board will not undertake the prosecution.

5. The Board may, before undertaking a prosecution, require the applicant to give security for costs on such terms and in such manner as it thinks proper.

6. For the purpose of carrying these regulations into effect, the Board may, from time to time, prescribe the use of such forms and give such directions as it may deem expedient. M. E. HICKS-BEACH, President of the Board of Trade.

21st May, 1892.

I concur,

HALSBURY, C.

(a) Statutory Rules and Orders, 1892, p. 973.