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 caleulated 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.) 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.

448. Selling goods falsely marked.-Defense.—Every one is guilty of an indictable offence, who sells or exposes, or has in his possesion, 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, 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.

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

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

(a.) on conviction on indictment, to two years' imprisonment, 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.

451. Falsely representing that goods are manufactured for Her Majesty, etc.—Every one is guilty of an offence, and liable, on summary conviction, to a penalty not exceeding one hundred 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 V., c. 41, s. 21.

452. Unlawful importation of goods liable to forfeiture under this part. Every one is guilty of an offence, and liable, on summary 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.

Sections 15, 16, 18, and 22 of the Merchandise Marks Offences Act (51 Vict c. 41.), remain unrepealed, (See Schedule Two, post); and are as follows ;-

Disposal of forfeited articles.—"Any goods or things forfeited under any provision of this Act, may be destroyed or otherwise disposed of in such a manner as the court, by which the same are declared forfeited, directs; and the court may, out of any proceeds 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." (Sec tion 15.)

Costs. "On any prosecution under this Act, the court may order costs to be paid to the defendant by the prosecutor, or to the prosecutor by the defendant, having regard to the information given by and the conduct of the defendant and prosecutor respectively." (Section 16.)

Warranty of trade-marks, etc.— "On the sale or in the contract for the sale of any goods to which a trade mark or mark or trade

description has been applied, the vendor shall be deemed to warrant that the mark 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." (Section 18.)

Importation of goods specially prohibited. "The importation of any goods which, if sold, would be forfeited under the foregoing provisions of this Act, and of 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, is hereby prohibited, 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 any person, who imports or attempts to import any such goods, shall be liable to a penalty of not more than five hundred dollars, nor less than two hundred dollars, recoverable on summary conviction and the goods so imported or attempted to be imported shall be forfeited and may be seized by any officer of the Customs and dealt with in like manner as any goods or things forfeited under this Act:

2. Whenever there is, on any goods, a name which is identical with or a colorable imitation of the name of a place in the United Kingdom or in Canada, such name, unless it is accompanied by the name of the state or country in which it is situate, shall, unless the Minister of Customs decides that the attaching of such name is not calculated to deceive, (of which matter the said Minister shall be the sole judge), be treated, for the purposes of this section, as if it was the name of a place in the United Kingdom or in Canada :

3. The Governor in Council may, whenever he deems it expedient in the public interest, declare that the provisions of the two subsections, next preceding, shall apply to any city or place in any foreign state or country, and after the publication in the Canada Gazette of the Order in Council made in that behalf, such provisions shall apply to such city or place in like manner as they apply to any place in the United Kingdom or in Canada, and may be enforced accordingly.

4. The Governor in Council may, from time to time, make regulations, either general or special, respecting the detention and seizure of goods, the importation of which is prohibited by this section, and the conditions, if any, to be fulfilled before such detention and seizure, and may, by such regulations, determine the information, notices and security to be given, and the evidence necessary for any of the purposes of this section, and the mode of verification of such evidence:

5. The regulations may provide for the reimbursing, by the informant to the Minister of Customs, of all expenses and damages incurred in respect of any detention made on his information, and of any proceedings, consequent upon such detention :

6. Such regulations may apply to all goods the importation of

which is prohibited by this section, or different regulations may be made respecting different classes of such goods or of offences in relation to such goods;

7. All such regulations shall be published in the Canada Gazette, and shall have force and effect from the date of such publication." (Section 22.)

453. Defences.-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 o 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 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.

455. The provisions of this part with respect to false trade descriptions do not apply to any trade description which, on the 22nd day of May, 1888, was 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: 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. Personation with intent to obtain any property.-Every one is guilty of an indictable offence, and liable to fourteen years' impri sonment, 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.

Under section 1 of "The False Personation Act, 1874," 37 and 38 Vic., c. 36 (Imp.), the punishment for this offence is penal servitude for life.

For definition of "property," see article 3 (v.), p. 5, ante.

Upon an indictment, under 2 and 3 Will. 4, c. 53. s. 41, for personating a soldier, it was held to be no defence that the prisoner was authorized by the soldier to personate him, or that the prisoner had bought, from the soldier personated, the prize money to which the latter was entitled (1)

Upon an indictment, under 28 and 29 Vic., c. 124, s. 8, for personating a seaman in order to obtain his wages, it was held that the offence was complete, although the wages had already been paid. (2)

457. Personation at examinations.-Every one is guilty of an indictable offence, and liable on indictment or summary conviction to one year's imprisonment, 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.

458. Personation of owners of stock, etc.-Every one is guilty of an indictable offence and liable 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

(1) R. v. Lake, 11 Cox, 333.

(2) R. v. Cramp, R. & R. 327. See R. v. Pringle, 2 Mood. C. G. 127.