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Regulation No. 15 of 1823 not to apply to treasure trove.

Commencement.

Preamble.

Governor may
appoint a police
magistrate
for the

North-Western
Province.

Such magistrate
may sentence
cattle-stealers
to be whipped.

Administration of Justice.

section 3, shall be guilty of an offence, and shall be liable on conviction to simple or rigorous imprisonment for a term not exceeding two years, or to a fine not exceeding one thousand rupees, or both.

9 Repealed by section 7 of No. 3 of 1891.

10 Nothing contained in the Regulation No. 15 of 1823 shall in any manner apply to treasure trove.

11 This Ordinance shall not come into operation until such time as Her Majesty's gracious allowance and confir mation* of the same shall be notified by Proclamation in the Government Gazette.

15th November, 1887.

No. 18 of 1887.

An Ordinance making special provision for the Administration of Justice in the North-Western Province.

WH

HEREAS by reason of the increase of cattle-stealing in the North-Western Province of this island it is expedient that special provision should be made for the administration of justice in the said province : Be it therefore enacted by the Governor of Ceylon, by and with the advice and consent of the Legislative Council thereof, as follows:

1 It shall be lawful for the Governor to appoint a police magistrate for the North-Western Province of this island, anything in the Ordinance No. 11 of 1868† or the Ordinance No. 3 of 1883‡ to the contrary notwithstanding; and such magistrate shall, within the said province, have and exercise all the jurisdiction and powers which by law a police magistrate may have and exercise within any division in this island, and may, subject to the proviso contained in section 19 of the last-mentioned Ordinance, hear, try, and determine any case which has heretofore been or may hereafter be instituted in any police court within the said province, and in which any other magistrate may or may not have heard part of the evidence.

2 The police magistrate so appointed as aforesaid shall
also have power and authority to pass sentence of whipping,
in addition to, or in lieu of, such other punishment or
punishments as police courts may lawfully inflict, on any
person above the age of sixteen years who may be convicted
of the theft of any bull, cow, steer, buffalo, heifer, or calf.
Provided that the whipping under any such sentence shall
in no case exceed twenty-five lashes, and may be inflicted
in any place, within or without the precincts of a prison, in
the said province as the magistrate shall direct, anything in
any other Ordinance to the contrary notwithstanding.
23rd November, 1887.

* Confirmation notified February 13, 1888.
† Repealed by No. 3 of 1883 and No. 1 of 1889.
Repealed by No. 15 of 1898.

Nos. 21 of 1887 and 2, 3, 4, 6, and 7 of 1888. 467

Land in Ande. Mohammedan Marriages. Shipping. Stamp Duties. Joint Stock Cos. Railway Extension.

No. 21 of 1887.

An Ordinance relating to the Cultivation of Land for a share of the Produce thereof.

(See under No. 7 of 1840, Volume I., page 114.)

No. 2 of 1888.

An Ordinance to amend "The Mohammedan Marriage Registration Ordinance, 1886."

(See No. 8 of 1886, page 263.)

No. 3 of 1888.

An Ordinance to amend the Ordinance No. 7 of 1863,
relating to Merchant Shipping.

(See No. 7 of 1863, Volume I., page 410.)

No. 4 of 1888.

An Ordinance to enable Joint Stock Companies to compound for the Stamp Duties payable on certain Shares issued by them unstamped.

(See under No. 4 of 1861, Volume I., page 323.)

No. 6 of 1888.

An Ordinance to amend "The Joint Stock Companies' Ordinance, 1861."

(See under No. 4 of 1861, Volume I., page 324.)

No. 7 of 1888.

An Ordinance to raise a Loan of Four hundred and Fifty thousand Pounds Sterling for the construction of Lines of Railway from Nanu-oya to Haputale and from Kalutara to Bentota, and to apply the unexpended balance of the Loan raised under the Ordinance No. 9 of 1878 to the construction of the Lines of Railway from Nanu-oya to Haputale and from Kalutara to Bentota.

(See under No. 9 of 1878, Volume I., page 820.)

Preamble.

Short title.
Commencement.

Repeal of Ordinance No. 5 of 1865 and of certain sections of the Ceylon Penal Code.

Offences as to trade marks and trade descriptions.

Short title.

Fraudulent Marks on Merchandise.

No. 13 of 1888.

An Ordinance to amend the Law relating to Fraudulent
Marks on Merchandise.

WB

(As amended by No. 14 of 1892.*†)

HEREAS it is expedient to amend the law relating to fraudulent marks on merchandise: Be it therefore enacted by the Governor of Ceylon, by and with the advice and consent of the Legislative Council thereof, as follows:

1 This Ordinance may be cited as The Merchandise Marks Ordinance, 1888;" and it shall come into operation at such time as the Governor shall appoint by Proclamation to be published in the Government Gazette.‡

2 The Ordinance No. 5 of 1865, intituled "An Ordinance relating to the fraudulent marking of Merchandise," so far as the same has not been repealed by "The Criminal Procedure Code, 1883,"§ and sections 467 and 469 and so much of sections 471, 472, 474, and 475 of the Ceylon Penal Code as relate to trade marks, are hereby repealed; and any unrepealed enactment referring to any enactment so repealed shall be construed to apply to the corresponding provisions of this Ordinance: Provided that this repeal shall not affect

(a) Any penalty, forfeiture, or punishment incurred in respect of any offence committed against any enactment 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 Ordinance; nor

(c) Any right, privilege, liability, or obligation acquired," accrued, or incurred under any enactment hereby repealed.

3 (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

* The Ordinance No. 14 of 1892 has been incorporated in No. 13 of 1888, save section 3, which runs as follows:

3 This Ordinance shall come into operation from and after such date as the Governor shall appoint by Proclamation published in the Government Gazette, and may be cited as "The Merchandise Marks Ordinance, 1892,” and this Ordinance and the principal Ordinance may be cited collectively as "The Merchandise Marks Ordinances, 1888 and 1892.”

† Proclaimed as from and after the 1st July, 1893.
Proclaimed the 25th day of March, 1889.

§ Repealed by No. 15 of 1898.

Fraudulent Marks on Merchandise.

(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 Ordinance, and unless he proves that he acted without intent to defraud, be guilty of an offence against this Ordinance.

(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 Ordinance 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 prose-
cutor 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 Ordinance.

Offences as to trade marks

(2 A) Every person who imports any piece-goods ordinarily sold by length or by the piece, manufactured beyond and trade the limits of the colony, or who sells or exposes for, or has in descriptions. his possession for, sale, or any purpose of trade, any piece-[§ 1, 14 of 1892] goods ordinarily sold as aforesaid, whether manufactured within or beyond the limits of the colony, which have not conspicuously stamped in English numerals on each piece the length thereof in standard yards, or in standard yards and a fraction of such a yard, according to the real length of the piece, shall be guilty of an offence against this Ordinance. Provided always that nothing in this sub-section contained shall apply to any piece-goods manufactured within the limits of the colony by hand labour only.

(3) Every person charged with an offence against this Ordinance may be tried by the district court or police court, and shall be liable

(i.) On conviction by the district court, to simple or
rigorous imprisonment for a term not exceeding
two years, or to fine not exceeding one thousand
rupees, or to both imprisonment and fine; and
(ii.) On summary conviction by the police court, to simple
or rigorous imprisonment for a term not exceeding
*39-00

30

Definitions.

Fraudulent Marks on Merchandise.

three months, or to a fine not exceeding one hundred rupees; and in the case of a second or subsequent conviction to simple or rigorous imprisonment for a term not exceeding six months, or to a fine not exceeding five hundred rupees; and (iii.) 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) It shall be lawful for a police court, in the case of a second or subsequent summary conviction, to inflict the full amount of fine herein before provided, anything in section 16 of "The Criminal Procedure Code, 1883,"* to the contrary notwithstanding: Provided that a person charged with an offence under this section before a police court shall, on appearing before the court, and before the charge is gone into, be informed of his right to be tried by the district court, and, if he requires, be so tried accordingly.

4 (1) For the purposes of this Ordinance-
The expression "trade mark means a trade mark regis-
tered in the register of trade marks kept under
"The Trade Marks Ordinance, 1888," and includes
any trade mark which is registered in the register
of trade marks kept under "The Patents, Designs,
and Trade Marks Act, 1883" (46 & 47 Victoria,
chapter 57), and 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 103rd section of "The Patents,
Designs, and Trade Marks Act, 1883," are, under
Her Majesty's 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 Ordinance;

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