35 VICTORIA. СНАР. 31. An Act to amend the Criminal Law relating to Violence, [Assented to 14th June, 1872.] H ER MAJESTY, by and with the advice and consent of Preamble. the Senate and House of Commons of Canada, enacts as follows: 1. Every person who does one or more of the following Persons acts, that is to say: 1. Uses violence to any person or any property, 2. Threatens or intimidates any person in such manner as would justify a Justice of the Peace, on complaint made to him, to bind over the person so threatening or intimidating to keep the peace, 3. Molests or obstructs any person in manner defined by this section, With a view to coerce such person, (a) Being a master, to dismiss or cease to employ any workman, or being a workman, to quit any employment, or to return work before it is finished; (b) doing certain things are Guilty of offence against this Act and punishable. Definitions, (b) Being a master, not to offer, or being a workman, not to accept any employment or work; (c) Being a master or workman to belong to, or not to belong to, any temporary or permanent association or combination; (d) Being a master or workman, to pay any fine or penalty imposed by any temporary or permanent association or combination; (e) Being a master, to alter the mode of carrying on his business, or the number or description of any persons employed by him, Shall be guilty of an offence against this Act, and shall be liable to imprisonment, with or without hard labor, for a term not exceeding three months. 4. A person shall, for the purposes of this Act, be deemed "molesting," to molest or obstruct another person in any of the following cases; that is to say,- and "ob structing." Not to prevent liability for greater twice for same offence. (a) If he persistently follows such other person about from place to place; (b) If he hides any tools, clothes or other property owned or used by such other person, or deprives him of, or hinders him in the use thereof; (c) If he watches or besets the house or place where such other person resides or works or carries on business, or happens to be, or the approach to such house or place, or if with two or more other persons he follows such other person in a disorderly manner in or through any street or road. 5. Nothing in this section shall prevent any person from being liable under any other Act, or otherwise, to any other or offence; but greater punishment than is provided for any offence by this ing not liable section, but so that no person shall be punished twice for the same offence: Provided that no person shall be liable to any punishment for doing or conspiring to do any act, on the ground that such act restrains or tends to restrain the free course of trade, unless such act is one of the acts hereinbefore specified in this section, and is done with the object of coercing as hereinbefore mentioned. LEGAL PROCEEDINGS. 2. All offences under this Act, shall be prosecuted under tions shall be the provisions of the Act passed in the session held in the How prosecu brought. thirty-second 31. there be a thirty-second and thirty-third years of Her Majesty's reign, 32, 33 V., c. and intituled "An Act respecting the duties of Justices of the 33 V., c. 37. Peace out of Sessions, in relation to summary convictions and orders," as amended by the Act passed in the thirty-third year of Her Majesty's reign, and intituled "An Act to amend the "Act respecting the duties of Justices of the Peace out of Ses“sions in relation to summary convictions and orders," and any Act passed in the present session amending the same; pro- Proviso; if vided that the complaint or information, in any such case, police magisshall be brought, heard and determined before a Stipendiary trate, &c. or Police Magistrate, or some other functionary having, under the said Acts, the powers of two Justices of the Peace, if the offence be committed in any city, town or place in which any such magistrate or functionary has jurisdiction; and if the offence be committed elsewhere, then before two Justices of the Peace: Provided that the descrip- Proviso, as to tion of any offence under this Act in the words of this Act, description of shall be sufficient in law; and that any exception, proviso, Exceptions, excuse or qualification, whether it does or does not accom- &c. pany the description of the offence in this Act, may be proved by the defendant, but need not be specified in the information or complaint, and if so specified and negatived, no proof in relation to the matter so specified and negatived shall be required on the part of the informant or prosecutor. offence: 3. If any party feels aggrieved by any summary convic- Appeal. tion or order under this Act, such party may appeal therefrom in the manner and subject to the conditions provided in the Acts mentioned in the next preceding section, in cases in which an appeal is allowed by the said Acts. as magis 4. No person who is a master, or the father, son or brother Certain par of a master in the particular manufacture, trade or business, ties not to act in or in connection with which any offence under this Act trates under is charged to have been committed, shall act as a magistrate this Act, or Justice of the Peace, in any case of complaint or information under this Act, or as a member of any court for hearing any appeal in any such case. enactments. 5. So much of any Act or law as may be inconsistent with Repeal of this Act, is hereby repealed: Provided that such repeal shall inconsistent not affect anything duly done or suffered, or any right ac- Proviso. quired, or any liability, penalty or forfeiture incurred, before the passing of this Act, or any proceeding pending at the time of the passing thereof, for enforcing any such right, liability, penalty or forfeiture. СНАР. Preamble. Interpreta tion "Person." Mark. Trade Mark. СНАР. 3 2. An Act to amend the Law relating to the fraudulent marking of Merchandise. [Assented to 14th June, 1872.] HEREAS 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: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. In the construction of this Act the word "person" shall include any person, whether a subject of Her Majesty or not, and any body corporate or body of the like nature, whether constituted according to the law of Canada, or of any of Her Majesty's dominions or colonies, or according to the law of any foreign country, and also any company, association or society of persons, whether the members thereof be subjects of Her Majesty or not, or some of such persons be subjects of Her Majesty and some of them not, and whether such body corporate, body of the like nature, company, association or society, be established or carry on business within Her Majesty's Dominions or elsewhere, or partly within Her Majesty's Dominions and partly elsewhere: the word "mark" shall include any name, signature, word, letter, device, emblem, figure, sign, seal, stamp, diagram, label, ticket or other mark of any other description: and the expression "trade mark", shall include any and every such name, signature, word, letter, device, emblem, figure, sign, seal, stamp, diagram, label, ticket or other mark as aforesaid, registered or unregistered, lawfully used by any person to denote any chattel or article to be an article or thing of the manufacture, workmanship, production or merchandise of such person, or to be an article or thing of any peculiar or particular description, made or sold by such person, and shall also include any name, signature, word, letter, number, figure, mark or sign, which, in pursuance of any Statute or Statutes for the time being in force, relating to trade marks or registered designs, is to be put or placed upon or attached to any chattel or article during the existence or continuance of any patent, copyright or other sole right acquired under the provisions of such Statutes or any of them. Forging or 2. Every person who, with intent to defraud, or to enable counterfeiting any trade another to defraud any person, forges or counterfeits, or mark, or un- causes or procures to be forged or counterfeited, any plying the trade mark, or applies, or causes or procures to be apsame to be a plied, any trade mark or any forged or counterfeit trade mark, lawfully ap misdemeanor. mark, to any chattel or article, not being the manufacture, workmanship, production or merchandise of any person denoted or intended to be denoted by such trade mark, or denoted or intended to be denoted by such forged or counterfeited trade mark, or not being the manufacture, workmanship, production or merchandise of any person whose trade mark is so forged or counterfeited; or applies, or causes or procures to be applied any trade mark, or any forged or counterfeited trade mark, to any chattel or article, not being the particular or peculiar description of manufacture, workmanship, production or merchandise, denoted, or intended to be denoted by such trade mark, or by such forged or counterfeited trade mark, is guilty of a misdemeanor; and every Articles person so committing a misdemeanor shall also forfeit to Her marked to be Majesty every chattel and article belonging to such person also instru to which he has so unlawfully applied, or caused or marking. procured to be applied, any such trade mark or forged or counterfeited trade mark as aforesaid; and every instrument in the possession or power of such person, and by means of which any such trade mark, or forged or counterfeited trade mark as aforesaid, has been so applied, and every instrument or mark in the possession or power of such person for applying any such trade mark, or counterfeited trade mark as aforesaid, shall be forfeited to Her Majesty ; and the court before which any such misdemeanor is tried How disposed may order such forfeited chattels or articles as aforesaid to be destroyed or otherwise disposed of as such court thinks fit. forfeited, and ments used in of. wrapper, &c., 3. Every person who, with intent to defraud, or to enable Unlawfully applying another to defraud any person, applies or causes or procures trade mark to to be applied any trade mark or any forged or counterfeited cask, cover, trade mark, to any cask, bottle, stopper, cork, capsule, vessel, to be a miscase, cover, wrapper, band, reel, ticket, label or other thing in, demeanor. on, or with which any chattel or article is intended to be sold or is sold, or uttered or exposed for sale, or intended for any purpose of trade or manufacture; or encloses or places any chattel or article, or causes or procures any chattel or article to be enclosed or placed in, upon, under, or with any cask, bottle, stopper, cork, capsule, vessel, case, cover, wrapper, band, reel, ticket, label or other thing to which any trade mark has been falsely applied, or to which any forged or counterfeited trade mark has been applied; or applies or attaches or causes or procures to be applied or attached to any chattel or article, any case, cover, reel, ticket, or label or other thing to which any trade mark has been falsely applied, or to which any forged or counterfeited trade mark has been applied; or encloses, places or attaches any chattel or article, or causes or procures any chattel or article to be enclosed, placed, or attached in, upon, under, with, or to any cask, bottle, stopper, vessel, case, cover, wrapper, band reel, |