(iv.) as to the material of which any goods are composed;

(v.) 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, is a trade description within the meaning of this part;

(c.) the expression "false trade description" means a trade description which is false in a material respect as regards the goods to which it is applied, and includes every alteration of a trade description, whether by way of addition, effacement, or otherwise, where that alteration makes the description false in a material respect; and the fact that a trade description is a trade mark, or part of a trade mark, shall not prevent such trade description being a false trade description within the meaning of this part;

(d.) the expression "goods means anything which is merchandise or the subject of trade or manufacture;

(e.) the expression "covering" includes any stopper, cask, bottle, vessel, box, cover, capsule, case, frame or wrapper; and the expression "label" includes any band or ticket;

(f) the expressions "person, manufacturer, dealer, or trader," and "proprietor" include any body of persons corporate or unincorporate;

(g.) the expression "name" includes any abbreviation of a

name.

2. The provisions of this part respecting the application of a false trade description to goods extend to the application to goods of any such figures, words or marks, or arrangement or combination thereof, whether including a trade mark or not, as are reasonably calculated to lead persons to believe that the goods are the manufacture or merchandise of some person other than the person whose manufacture or merchandise they really are.

3. The provisions of this part respecting the application of a false trade description to goods, or respecting goods to which a false trade description is applied, extend to the application to goods of any false name or initials of a person, and to goods with the false name or initials of a person applied, in like manner as if such name or initials were a trade description, and the expression "false name or initials means, as applied to any goods, any name or initials of a person which

(a.) are not a trade mark, or part of a trade mark ;

(b.) are identical with, or a colourable imitation of, the name or initials of a person carrying on business in connection with goods of the same description, and not having authorized the use of such name or initials;

(c.) are either those of a fictitious person or of some person not bona fide carrying on business in connection with such goods. 51 V., c. 41, s. 2.

10

444.

444. Where a watch case has thereon any words or marks which constitute, or are by common repute considered as constituting, a description of the country in which the watch was made, and the watch bears no such description, those words or marks shall prima facie be deemed to be a description of that country within the meaning of this part, and the provision of this part with respect to goods to which a false description has been applied, and with respect to selling or exposing, or having in possession, for sale, or any purpose of trade or manufacture, goods with a false trade description, shall apply accordingly; and for the purposes of this section the expression "watch" means all that portion of a watch which is not the watch case. 51 V., c. 41, s. 11.

445. Every one is deemed to forge a trade mark who either

(a.) without the assent of the proprietor of the trade mark makes that trade mark or a mark so nearly resembling it as to be calculated to deceive; or

(b.) falsifies any genuine trade mark, whether by alteration, addition, effacement or otherwise.

2. And any trade mark or mark so made or falsified is, in this part, referred to as a forged trade mark. 51 V., c. 41, s. 3.

446. Every one is deemed to apply a trade mark, or mark, or trade description to goods who

(a.) applies it to the goods themselves; or

(b.) applies it to any covering, label, reel, or other thing in or with which the goods are sold or exposed or had in possession for any purpose of sale, trade or manufacture; or

(c.) places, incloses or annexes any goods which are sold or exposed or had in possession for any purpose of sale, trade or manufacture in, with or to any covering, label, reel, or other thing to which a trade mark or trade description has been applied; or

(d.) uses a trade mark or mark or trade description in any manner calculated to lead to the belief that the goods in connection with which it is used are designated or described by that trade mark or mark or trade description.

2. A trade mark or mark or trade description is deemed to be applied whether it is woven, impressed or otherwise worked into, or annexed or affixed to, the goods, or to any covering, label, reel or other thing.

3. Every one is deemed to falsely apply to goods a trade mark or mark who, without the assent of the proprietor of the trade mark, applies such trade mark, or a mark so nearly resembling it as to be calculated to deceive. 51 V., c. 41, s. 4.

447. Every one is guilty of an indictable offence who, with intent to defraud

(a.) forges any trade mark; or

(b.)

(b.) falsely applies to any goods any trade mark, or any mark so nearly resembling a trade mark as to be calculated to deceive; or

(c.) makes any die, block, machine or other instrument, for the purpose of forging, or 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 such things to be done. 51 V., c. 41, s. 6.

falsely mark

448. Every one is guilty of an indictable offence who sells Selling goods or exposes, or has in his possession, for sale, or any purpose ed; defence. 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, unless he proves-

(a.) that having taken all reasonable precaution against committing such an offence 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 prosecutor he gave all the information in his power with respect to the persons from whom he obtained such goods or things; and

(c.) that otherwise he had acted innocently. 51 V., c. 41,

s. 6.

trade mark

449. Every one is guilty of an indictable offence who Selling bottles sells, or exposes or offers for sale, or traffics in, bottles marked marked with with a trade mark, blown or stamped or otherwise perma- without connently affixed thereon, without the assent of the proprietor of such trade mark. 51 V., c. 41, s. 7.

sent of owner.

450. Every one guilty of any offence defined in this part Punishment is liable

of offences defined in this

(a.) on conviction on indictment to two years' imprison- part. ment, with or without hard labour, or to fine, or to both imprisonment and fine; and

(b.) on summary conviction, to four months' imprisonment, with or without hard labour, or to a fine not exceeding one hundred dollars; and in case of a second or subsequent conviction to six months' imprisonment, with or without hard labour, or to a fine not exceeding two hundred and fifty dollars.

2. In any case every chattel, article, instrument or thing, by means of, or in relation to which, the offence has been committed shall be forfeited. 51 V., c. 41, s. 8.

101

451.

Falsely representing that

451. Every one is guilty of an offence and liable, on sumgoods are ma- mary conviction, to a penalty not exceeding one hundred nufactured for dollars who falsely represents that any goods are made by a person holding a royal warrant, or for the service of Her Majesty or any of the royal family, or any Government department of the United Kingdom or of Canada. 51 Vic., c. 41, s. 21.

Her Majesty, &c.

Unlawful im

portation of

forfeiture

under this

part.

452. Every one is guilty of an offence and liable, on sumgoods liable to mary conviction, to a penalty of not more than five hundred dollars nor less than two hundred dollars who imports or attempts to import any goods which, if sold, would be forfeited under the provisions of this part, or any goods manufactured in any foreign state or country which bear any name or trade mark which is or purports to be the name or trade mark of any manufacturer, dealer or trader in the United Kingdom or in Canada, unless such name or trade mark is accompanied by a definite indication of the foreign state or country in which the goods were made or produced; and such goods shall be forfeited. 51 V., c. 41, s. 22.

Defence where person char

ged innocen tly in the ordinary course of business

makes instru

ments for forging trade marks.

Defence where offender is a ser

vant.

453. Any one who is charged with making any die, block, machine or other instrument for the purpose of forging, or being used for forging, a trade mark, or with falsely applying to goods any trade mark, or any mark so nearly resembling a trade mark as to be calculated to deceive, or with applying to goods any false trade description, or causing any of the things in this section mentioned to be done, and proves

(a.) that in the ordinary course of his business he is employed, on behalf of other persons, to make dies, blocks, machines or other instruments for making or being used in making trade marks, or, as the case may be, to apply marks or descriptions to goods, and that in the case which is the subject of the charge he was so employed by some person resident in Canada, and was not interested in the goods by way of profit or commission dependent on the sale of such goods; and

(b.) that he took reasonable precaution against committing the offence charged; and

(c.) that 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

(d.) that he gave to the prosecutor all the information in his power with respect to the person by or on whose behalf the trade mark, mark or description was applied;

shall be discharged from the prosecution but is liable to pay the costs incurred by the prosecutor, unless he has given due notice to him that he will rely on the above defence. 51 V., c. 41, s. 5.

454. No servant of a master, resident in Canada, who bonâ fide acts in obedience to the instructions of such master, and,

on

on demand made by or on behalf of the prosecutor, gives full information as to his master, is liable to any prosecution or punishment for any offence defined in this part. 51 V., c. 41, s. 20.

specting trade

455. The provisions of this part with respect to false trade Exception redescriptions do not apply to any trade description which, on description the 22nd day of May, 1888, was lawfully and generally applied lawfully ap plied to goods to goods of a particular class, or manufactured by a parti- on 22nd May, cular method, to indicate the particular class or method of 1888, &c. manufacture of such goods: 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, such provisions shall 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. 51 V., c. 41, s. 19.

PART XXXIV.

PERSONATION.

456. Every one is guilty of an indictable offence, and liable Personation. to fourteen years' imprisonment, who with intent fraudulently to obtain any property, personates any person, living or dead, or administrator, wife, widow, next of kin or relation of any person.

at examina

457. Every one is guilty of an indictable offence, and Personation liable on indictment or summary conviction to one year's im- tions. prisonment, or to a fine of one hundred dollars, who falsely, with intent to gain some advantage for himself or some other person, personates a candidate at any competitive or qualifying examination, held under the authority of any law or statute or in connection with any university or college, or who procures himself or any other person to be personated at any such examination, or who knowingly avails himself of the results of such personation.

certain per

458. Every one is guilty of an indictable offence and liable Personation of to fourteen years' imprisonment who falsely and deceitfully personates

(a.) any owner of any share or interest of or in any stock, annuity, or other public fund transferable in any book of account kept by the Government of Canada or of any province thereof, or by any bank for any such Government; or

(b.)

sons.