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ARTICLE 400.

FORGING TRADE MARKS AND MISAPPLYING TRADE DESCRIP

TIONS.

2 Every one commits a misdemeanor, and is liable on conviction thereof on indictment to imprisonment with hard labour for two years, or to a fine, or both, who,

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3 (a.) forges any trade mark; or

(b.) falsely applies 5 to goods any trade mark or any mark so nearly resembling a trade mark as to be calculated to deceive; 6 or

1 These offences are also punishable summarily, as to which see Oke's Synopsis, pp. 446-450.

250 & 51 Vict. c. 28, s. 2 (3).

3 Ibid. s. 2 (1).

4 A person forges 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 that trade mark as to be calculated to deceive; or (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 Act 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 lies on the defendant, 50 & 51 Vict. c. 28, s. 4. It seems that this definition would be unnecessary were it not that it makes it a crime to use a mark without being aware that it is a trade mark.

5 (1) A person is deemed to apply a trade 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) See the Act as to the meaning of "covering" and "label." 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) A person is deemed falsely to apply to goods a trade mark or mark who without the assent of the proprietor of a trade mark applies such trade mark or a mark so nearly resembling it as to be calculated to deceive, but in any prosecution for falsely applying a trade mark or mark to goods the burden of proving the assent of the proprietor lies on the defendant; Ibid. s. 5.

6 A person charged with committing this offence, or causing it to be committed, must be discharged if he (a) proves that in the ordinary course of his business he is employed to make instruments for making trade marks, or applying marks or descriptions to goods, that he was

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(c.) makes any instrument for the purpose of forging, or of being used for forging, a trade mark2; or

(d.) applies any false trade description to goods 2; or

(e.) disposes of or has in his possession any 1 instrument for the purpose of forging a trade mark; or

(f) causes any of the things above in this section mentioned to be done;

unless in any of the above cases he proves that he acted without intent to defraud; or

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(2) 3 who sells, or exposes 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 5 applied, or to which any trade mark or mark so nearly resembling a trade mark as to be calculated to deceive is falsely 5 applied, unless he prove

(a.) that, having taken all reasonable precautions against committing an offence against the Merchandise Marks Act 1887, 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; or (c.) that otherwise he acted innocently.

7 The person convicted also forfeits to Her Majesty every chattel, article, instrument, or thing by means of, or in relation to, which the offence has been committed.

employed by a person in the United Kingdom and was not interested in the sale of the goods; and (b) took reasonable precautions against committing the offence charged; and (c) had no reason to suspect the genuineness of the trade mark, &c.; and (d) gave to the prosecutor all the information in his power with respect to the persons on whose behalf the trade mark, &c., was applied; but he is liable to pay the prosecutor's costs unless he gave due notice of the above defence; Ibid. s. 6 (shortened in parts).

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'die, block, machine, or other instrument."

2 See note 6, p. 346.

3 50 & 51 Vict. c. 28, s. 2 (2).

4 See note 4, p. 346.

5 See note 5, p. 346.

6 The Act says

"had acted ; it must mean "acted."

750 & 51 Vict. c. 28, s. 2 (3).

1 The Court before whom any person is convicted under this Article may order any forfeited articles to be destroyed or otherwise disposed of as the Court thinks fit.

ARTICLE 401.

ACCESSORIES ABROAD.

2 Every one who, being within the United Kingdom, procures, counsels, aids, abets, or is accessory to the commission without the United Kingdom of any act mentioned in Article 400 is guilty as a principal, and may be indicted in the place where he may happen to be.

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ARTICLE 402.

OFFENCES RELATING TO STAMPS.

Every one is guilty of felony, and is liable to fourteen years penal servitude, who

(a.) prints or makes an impression upon any material with a forged die; or

(b.) fraudulently prints or makes an impression upon any material from a genuine die; or

(c.) fraudulently cuts, tears, or in any way removes from any material any stamp, with intent that any use should be made of such stamp or of any part thereof; or

(d.) fraudulently mutilates any stamp, with intent that

any use should be made of any part of such stamp; or

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(e.) fraudulently fixes or places upon any material or upon

any stamp, any stamp or part of a stamp which, whether 150 & 51 Vict. c. 28, s. 2 (4).

2 Ibid. s. 11.

:

3 Section 27 of the Stamp Duties Management Act 1891 (54 & 55 Vict. c. 38) enacts that "stamp' means as well a stamp impressed by means of a die as an adhesive stamp for denoting any duty or fee" this must probably be read as confined to stamps issued by the authority of the Commissioners of Inland Revenue: also that " 'forge' and 'forged' include counterfeit and counterfeited." See the section for definitions of "material," "die," &c.

454 & 55 Vict. c. 38, s. 13 (2)–(7), (9).

fraudulently or not, has been cut, torn, or in any way removed from any other material, or out of or from any other stamp; or

(f) fraudulently erases or otherwise either really or apparently removes from any stamped material any name, sum, date, or other matter or thing whatsoever thereon written, with the intent that any use should be made of the stamp upon such material; or

(9.) knowingly and without lawful excuse (the proof whereof lies on the person accused) has in his possession any forged die or stamp, or any stamp which has been fraudulently printed or impressed from a genuine die, or any stamp or part of a stamp which has been fraudulently cut, torn, or otherwise removed from any material, or any stamp which has been fraudulently mutilated, or any stamped material out of which any name, sum, date, or other matter or thing has been fraudulently erased, or otherwise either really or apparently removed1; or

(h.) causes, or procures to be done, or knowingly aids abets, or assists in doing any of such acts.

2 Every one commits felony, and is liable to penal servitude for seven years, who

(a.) makes or causes or procures to be made, or aids, or assists in making, or knowingly has in his custody or possession, any paper in the substance of which appears any 3 devices peculiar to, and appearing in the substance of, any paper provided or used by, or under the direction of, the Commissioners, for receiving the impression of any die, or any part of such devices, and intended to imitate and pass for the same; or

(b.) causes or assists in causing any such devices, or any part thereof intended to pass for the same, to appear in the substance of any paper whatever.

1 Any person appointed to sell and distribute stamps, or being or having been licensed to deal in stamps, found in possession of forged stamps is deemed until the contrary is proved to be guilty of this offence; 54 & 55 Vict. c. 38, s. 18.

2 Ibid. s. 14.

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any words, letters, figures, marks, lines, threads, or other devices."

1 Every person is guilty of a misdemeanor, and is liable to imprisonment for two years with hard labour, who without lawful authority or excuse (the proof of which lies on the accused) purchases, or receives, or knowingly has in his custody or possession:

(a.) Any paper manufactured by, or under the direction of, the Commissioners, for the purpose of being used for receiving the impression of any die, before the paper has been duly stamped and issued for public use; or

(b.) any plate, die, dandy-roller, mould, or other implement peculiarly used in the manufacture of any such paper.

ARTICLE 403.

FORGERY AT COMMON LAW, MISDEMEANOR.

2 Every one commits a misdemeanor who forges any document by which any other person may be injured, or utters any such document knowing it to be forged with intent to defraud, whether he effects his purpose or not.

Illustrations.

The forgery or uttering of any of the following documents is a misdemeanor:

3 An order from a magistrate to a gaoler to discharge a prisoner as upon bail being given.

A certificate of character to induce the Trinity House to enable a seaman to act as master.

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Testimonials whereby the offender obtained an appointment as a police constable.

6 The like with intent to obtain the office of a parish school

master.

7 A certificate that a liberated convict was gaining his living honestly to obtain an allowance.

1 54 & 55 Vict. c. 38, s. 15.

2 R. v. Ward, 1726, East, P. C. 861; R. v. Sharman, 1854, D. & P. 285 (overruling R. v. Boult, 1848, 2 C. & K. 604).

3 R. v. Harris, 1834, Moo. C. C. 393.

4 R. v. Toshack, 1849, 1 Den. C. C. 492.

5 R. v. Moah, 1858, D. & B. 550.

6 S. v. Sharman, 1854, D. & P. 285.

7 R. v. Mitchell, 1860, 2 F. & F. 44.