318

YARIM--ZOLLVEREIN.

Y.

Yarim. A gold coin used in Turkey, value 9s. =

half-Medjidie.

Also a Silver Yarim, equal to half real or 10 piastres.

Yen. The new unit of value and of account in Japan, in conformity with the Monetary Law of 1871. It is represented both by gold and silver coins.

The Gold Yen weighs 1.666 grammes, 900 fine, and is worth 5 francs, 17 centimes, or £2049, equal to 49 17 pence English. It is divided into 100 sen, and each sen into 10 rin. The new coinage of Japan is thus assimilated very closely with that of the United States, and like that, is divided into 100ths and 1,000ths, the corresponding nomenclature being

The Silver Yen weighs 26 956 grammes, 900 fine. It is worth 5 francs, 39 centimes French, or £2136, equal to 4s. 3d. sterling. This value is obtained, like all other values of silver coins mentioned in this work (unless otherwise stated) by reckoning fine gold as 15 times the value of an equal weight of fine silver. When absolute accuracy is required, in conformity with the current market price of silver, important corrections have always to be made. (See Price of Gold and Silver.)

Yermeebeshlek. A gold coin used in Turkey, value 12s. 6d.

Z.

Zabkran. The same with Sahib Kiran (which see).

Zecchino. A disused Venetian gold coin, worth about 9s. 5d, so named from zecca, a mint, and the original of the sequin (which see). Zehner. From the German, zehn, ten.

The Austrian 10 kreutzer piece, silver, and worth about 24d. English.

Zeni or Zheni. A small iron coin, with a hole in the centre, used in Japan, of which 1,600 or 1,700 went to the Itziboo. As the itziboo is worth about 16 or 17 pence, the zeni would be worth 100 of a penny.

Zollverein. German, signifying Toll-Union, or Customs-Union.

A union of the States of Germany, for the purpose of establishing a uniform rate of customs duties or tolls between the various States joining the union. Since the consolidation of the Empire, the Zollverein has ceased to have any importance.

APPENDIX.

319

APPENDIX.

MERCHANDISE MARKS ACT, 1887.

[50 & 51 VICT. CH. 28.]

We give as an Appendix the Merchandise Marks Act, 1887. The importance of this Act in its bearing on mercantile operations is a sufficient reason for its introduction here. R. B.

Sept. 1, 1892.

CHAPTER 28.

An Act to consolidate and amend the Law relating to Fraudulent Marks on Merchandise. [23rd August 1887.]

BE it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. This Act may be cited as the Merchandise Marks Act, 1887. 2.-(1.) Every person who

(a.) forges any trade mark; or

(b.) falsely applies to 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 of 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 the things above in this section mentioned to be done, shall, subject to the provisions of this Act, and unless he proves that he acted without intent to defraud, be guilty of an offence against this Act.

(2.) Every person who sells, or exposes for, 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 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 Act, 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 had acted innocently;

be guilty of an offence against this Act.

(3.) Every person guilty of an offence against this Act shall be liable(i.) on conviction on indictment, to imprisonment, with or without hard labour, for a term not exceeding two years, or to fine, or to both imprisonment and fine; and

(ii.) on summary conviction to imprisonment, with or without hard labour, for a term not exceeding four months, or to a fine not exceeding twenty pounds, and in the case of a second or subsequent conviction to imprisonment, with or without hard labour, for a term not exceeding six months, or to a fine not exceeding fifty pounds; and (iii.) 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.

(4.) The court before whom any person is convicted under this section may order any forfeited articles to be destroyed or otherwise disposed of as the court thinks fit.

(5.) If any person feels aggrieved by any conviction made by a court of summary jurisdiction, he may appeal therefrom to a court of quarter

sessions.

(6.) Any offence for which a person is under this Act liable to punishment on summary conviction may be prosecuted, and any articles liable to be forfeited under this Act by a court of summary jurisdiction may be forfeited, in manner provided by the Summary Jurisdiction Acts: Provided that a person charged with an offence under this section before a court of summary jurisdiction shall, on appearing before the court, and before the charge is gone into, be informed of his right to be tried on indictment, and if he requires be so tried accordingly.

3.-(1.) For the purposes of this Act—

The expression "trade mark" means a trade mark registered in the register of trade marks kept under the Patents, Designs, and Trade Marks Act, 1883, and includes any trade mark which, either with or without registration, is protected by law in any British possession or foreign State to which the provisions of the one hundred and third section of the 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 other 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 Act:

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 Act:

The expression "goods" means anything which is the subject of trade, manufacture, or merchandise:

The expressions "person," "manufacturer, dealer, or trader," and "proprietor" include any body of persons corporate or unincorporate : The expression "name" includes any abbreviation of a name.

(2.) The provisions of this Act 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 Act 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 purpose of this enactment 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, and

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

(c.) are either those of a fictitious person or of some person not bona fide carrying on business in connexion with such goods.

4. A person shall be 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 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 shall lie on the defendant.

5.-(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 trade description has been applied; or

(d.) uses a trade mark or mark or trade description in any manner

Y

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 to any covering, label, reel, or other thing.

(3.) A person shall be deemed to falsely 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 shall lie on the defendant.

6. Where a defendant 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 the United Kingdom, 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 precautions 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 persons on whose behalf the trade mark, mark, or description was applied

he shall be discharged from the prosecution, but shall be 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.

7. 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 description of the country where it was made, those words or marks shall prima facie be deemed to be a description of that country within the meaning of this Act, and the provisions of this Act with respect to goods to which a false trade description has been applied, and with respect to selling or exposing for 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.

8.-(1.) Every person who after the date fixed by Order in Council sends or brings a watch case, whether imported or not, to any assay office in the