Punishment

for fraudulent

Lagos, with the advice and consent of the Legislative Council thereof, as follows:

1. If any officer, agent, clerk or servant, or any person employed falsification of or acting in the capacity of an officer, agent, clerk or servant, shall, accounts, &c. wilfully and with intent to defraud, destroy, secrete, mutilate, alter or falsify any book, account, valuable security, writing or paper received by him for or on behalf of his employer, or belonging to, or in the possession of, his employer, or shall, wilfully and with intent to defraud, make, or concur in making, any false entry in, or omit or alter, or concur in omitting or altering, any material particular from or in, any such book, account, valuable security, writing or paper, he shall, in every such case, be guilty of a misdemeanour, and be liable to be imprisoned, with or without hard labour, for any term not exceeding seven years.

Allegation of

to defraud to

2. It shall be sufficient, in any summons, warrant, charge or general intent information under this Ordinance, to allege a general intent to defraud, without naming any particular person as the intended object of fraud.

be sufficient

information.

The property in accounts, &c. may be laid in the Colonial Government in certain cases.

Proviso.

Interpretation clause.

3. In every case of an alleged offence against this Ordinance, where any book, account, valuable security, writing or paper, the subject or part of the subject of such offence, shall be public property, it shall be sufficient, in any summons, warrant, charge or information, to lay the property in such book, account, valuable security, writing or paper in the Colonial Government.

4. Nothing in this Ordinance contained shall have the effect of abrogating or superseding, or shall be deemed to have been enacted in substitution for, any provision of any enactment now in force in the Colony of Lagos.

5. In the interpretation of this Ordinance:

The term "employer" shall include the Colonial Government; The term "valuable security" shall include any order, treasury or exchequer acquittance, or other security whatsoever, entitling, or evidencing the title of, any person or body corporate to any share or interest in any public stock or fund, or in any fund of any body corporate, company or society, or to any deposit in any bank, and shall also include any debenture, deed, bond, bill, note, warrant, order or other security whatsoever for money or for payment of money, whether of the United Kingdom, or of Great Britain, or of Ireland, or of any foreign state, any document of title to lands and any document of title to goods;

The term "document of title to lands" shall include any deed, map, parchment or paper, written or printed, or partly written and partly printed, being, or containing, evidence of the title, or any part of the title, to any real estate, or to any interest in or out of any real estate, wheresoever situate; and

The term "document of title to goods" shall include any bill of lading, warehouse-keeper's certificate, warrant or order for the delivery or transfer of any goods or valuable thing, bought and sold note, or any other document used in the ordinary course of business as proof of the ownership, possession or control of goods, or authorizing or purporting to authorize, either by indorsement or by delivery, the possessor of such document to transfer or receive any goods thereby represented or therein mentioned or referred to.

6. This Ordinance may be cited as "The Falsification of Short Title. Accounts Ordinance, 1888."

No. 8.-1888.

AN ORDINANCE to amend the law relating to the Fraudulent Marking of Merchandise.

[6th November, 1888.

Whereas it is expedient to amend the law relating to the fraudulent marking of merchandise and to the sale of merchandise falsely marked for the purpose of fraud;

Be it enacted by the Governor of the Colony of Lagos, with the advice and consent of the Legislative Council thereof, as follows:

1.-(1.) Every person who

(a) forges any trade-mark; or

Offences as to trade-marks and trade de

(b) falsely applies to goods any trade-mark, or any mark so scriptions. 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 of being used for forging, a trademark; or

(d) disposes of, or has in his possession, any die, block, machine or other instrument for the purpose of forging a trademark; or

(e) applies any false trade description to goods; 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 or has in his possession for sale or for any purpose of trade or manufacture, any goods or things to which any forged trade-mark or false trade description is

Penalties.

Forfeiture.

Definitions.

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 prosecutor, he gave all the information in his power with respect to the person or persons from whom he obtained such goods or things; or

(c) that otherwise he acted innocently—

be guilty of an offence against this Ordinance.

(3.) Every person guilty of an offence against this Ordinance shall be liable

(a) on conviction upon information, to imprisonment, with or
without hard labour, for a term not exceeding two years,
or to a fine, or to both imprisonment and a fine; or
(b) on summary conviction, to imprisonment with or without
hard labour, for a term not exceeding three months, or to
a fine not exceeding twenty-five pounds; and

(c) 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.

2.-(1.) For the purposes of this Ordinance—

The expression "trade-mark" includes any trade-mark which, either with or without registration, is protected by law in any part of Her Majesty's dominions or in any foreign state to which the provisions of the one hundred and third section of the Imperial Patents, Designs and Trade-marks Act, 1883, are, under Order in Council, for the time being applicable; The expression "trade description" means any description, statement or 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;

The expression "false trade description" means a trade descrip-
tion 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 other-
wise, where that alteration makes the description false in a
material respect; and also every trade description so nearly
resembling some other trade description as to be calculated to
deceive; and the fact that a trade description is a trade-mark,
or part of a trade-mark, shall not prevent such trade descrip-
tion being a false trade description within the meaning of this
Ordinance;
The expression "goods" means anything which is the subject
of trade or of trade manufacture or merchandise;
The expressions "person," "manufacturer, dealer or trader"
and "
proprietor" include any body of persons, corporate or

unincorporate; and

The expression "name" includes any abbreviation of a name.

(2.) The provisions of this Ordinance respecting the application of a false trade description to goods shall 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 Ordinance respecting the application of a false trade description to goods, or respecting goods to which a false trade description is applied, shall 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 for the purposes of this enactment the expression "false name or initials" means, as applied to any goods, any name or initials of a person which

(a) is or are not a trade-mark, or part of a trade-mark, and
(b) is or are identical with, or a colourable imitation of, the
name or initials of a person carrying on business in con-
nexion with goods of the same description, and not having
authorized the use of such name or initials, and

(c) is or are, either the name or initials of a fictitious person, or
the name or initials of some person not bonâ fide carrying
on business in connexion with such goods.

3. A person shall be deemed to forge a trade-mark who, Who to be either

deemed to forge a trade

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

L.

N N

Who to be deemed to falsely apply a trade-mark or trade description.

As to persons

course of

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

and any trade-mark or mark so made or falsified is in this Ordinance referred to as a forged trade-mark;

Provided that in any prosecution for forging a trade-mark the burden of proving the assent of the proprietor shall lie on the defendant.

4.-(1.) A person shall be 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, encloses 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 mark so nearly resembling a trade-mark as to be calculated to deceive, 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 connexion with which it is used are designated or described by that trade-mark, or mark or trade description. (2.) 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.

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

(3.) A person shall be deemed to falsely apply to goods a trademark or mark who, without the assent of the proprietor of a trademark, applies to any goods such trade-mark, or a mark so nearly resembling it as to be calculated to deceive; and in any prosecution for falsely applying a trade-mark or mark to goods the burden of proving the assent of the proprietor shall lie on the defendant.

5. Where a defendant is charged with making any die, block, employed in machine or other instrument for the purpose of forging, or being the ordinary 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 making trade- 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

business in

mark dies,

&c.

(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