Registrar shall, in respect of requiring the attendance of witnesses and taking evidence on oath, be in the same position in all respects as an official referee of the Supreme Court in England.

48. Printed or written copies or extracts of or from the register, purporting to be certified by the Registrar under his seal, shall be admitted in evidence in all Courts and in all proceedings without further proof or production of the originals.

49. A certificate purporting to be under the hand of the Registrar as to any entry, matter, or thing, which he is authorized by this Ordinance to make or do, shall be prima facie evidence of the entry having been made, and of the contents thereof, and of the matter or thing having been done or not done.

Powers and Duties of Registrar of Trade-marks.

50. Where any discretionary or other power is given to the Registrar by this Ordinance or by any rules made thereunder, he shall not exercise that power adversely to the applicant for registration or the registered proprietor of the trade-mark in question without (if duly required so to do within the prescribed time) giving such applicant or registered proprietor an opportunity of being heard.

51. When by this Ordinance any act has to be done by or to any person in connection with a trade-mark or proposed trademark, or any procedure relating thereto, such act may, under and in accordance with rules made under this Ordinance, be done by or to an agent of such party duly authorized in the prescribed

manner.

Rules.

52. Subject to the provisions of this Ordinance, the Governorin-Council may make such rules, prescribe such forms, and generally do such things as he thinks expedient

(a.) For regulating the practice under this Ordinance.

(b.) For classifying goods for the purposes of registration of

trade-marks.

(c.) For making or requiring duplicates of trade-marks and other documents.

(d.) For securing and regulating the publishing and selling or distributing, in such manner as the Governor-in-Council thinks fit, of copies of trade-marks and other documents.

(e.) Generally, for regulating the business of the office in relation to trade-marks and all things by this Ordinance placed under the direction or control of the Registrar.

Fees.

53. There shall be paid in respect of applications and regis tration and other matters under this Ordinance such fees as may be prescribed and notified by the Governor-in-Council

Special Trade-marks.

54. Where any association or person undertakes the exami nation of any goods in respect of origin, material, mode of manufacture, quality, accuracy, or other characteristic, and certifies the result of such examination by mark used upon or in connection with such goods, the Governor-in-Council may, if he shall judge it to be to the public advantage, permit such association or person to register such mark as a trade-mark in respect of such goods, whether or not such association or person be a trading association or trader, or possessed of a goodwill in connection with such examination and certifying. When so registered, such trade-mark shall be deemed in all respects to be a registered trade-mark, and such association or person to be the proprietor thereof, save that such trade-mark shall be transmissible or assignable only by permission of the Governor-inCouncil.

Offences.

55. If any person makes or causes to be made a false entry in the register kept under this Ordinance, or a writing falsely purporting to be a copy of any entry in any such register, or produces or tenders, or causes to be produced or tendered in evidence, any such entry or writing, knowing the same to be false, he shall be guilty of a misdemeanour.

56.-(1.) Any person who represents a trade-mark as registered in British Guiana which is not so registered shall be liable for every offence, on summary conviction, to a fine not exceeding 50 dollars.

(2.) A person shall be deemed, for the purposes of this Ordinance, to represent that a trade-mark is registered in British Guiana if he uses in connection with the trade-mark the words "registered in British Guiana," or any words expressing or implying that registration has been obtained in British Guiana for the trade-mark.

Royal Arms.

57. If any person, without the authority of His Majesty, uses in connection with any trade, business, calling, or profession the Royal Arms (or arms so closely resembling the same as to be calculated to deceive) in such manner as to be calculated to lead to the belief that he is duly authorized so to use the Royal Arms, or if any person, without the authority of His Majesty or a member of the Royal Family, uses in connection with any trade, business, calling, or profession any device, emblem, or title in such manner as to be calculated to lead to the belief that he is employed by or supplies to His Majesty or to such member of the Royal Family, he may, at the suit of any person who is authorized to use such arms or such device, emblem, or title, or who is authorized by the Governor to take proceedings in that behalf, be restrained by injunction from continuing so to use the same

Provided that nothing in this section shall be construed as affecting the right, if any, of the proprietor of a trade-mark containing any such arms, device, emblem, or title to continue to use such trade-mark.

58. Section 2 of "The Merchandise Marks Ordinance, 1888," is hereby amended as follows:

"The definition of trade-mark' shall be read and construed as if the definition of trade-mark in this Ordinance were inserted in lieu thereof."

59. "The Merchandise Marks Ordinance, 1888, Amendment Ordinance, 1912," is hereby repealed.

ORDINANCE of the Government of British Guiana to amend "The Trade-Marks Ordinance, 1914."*

[No. 26.]

[September 7, 1915.]

BE it enacted by the Governor of British Guiana, with the advice and consent of the Court of Policy thereof, as follows:

1. This Ordinance may be cited as "The Trade-marks Ordinance, 1914, Amendment Ordinance, 1915," and shall be read and construed as one with "The Trade-marks Ordinance, 1914," hereinafter referred to as the Principal Ordinance.

2. The following definition is hereby added at the end of section 2 of the Principal Ordinance :

"Prescribed" shall mean in relation to proceedings before the Court, prescribed by rules of Court and, in other cases, prescribed by this Ordinance or rules thereunder.

3. Sub-section (4) of section 11 of the Principal Ordinance is hereby amended by deleting the word "herein" appearing in the last line of the said sub-section.

ORDINANCE of the Government of British Guiana to give effect to Section 14 of "The Imperial Copyright Act, 1911," and for other purposes.

[No. 28.]

[September 7, 1915.]

WHEREAS it is expedient to give effect to section 14 of “The Imperial Copyright Act, 1911;

And whereas the said Act extends to this Colony except in so far as its provisions are expressly restricted to the United Kingdom, but sections 11 and 12 of the said Act do not so extend, and it is expedient that legislation on the same lines should be enacted in this Colony :

• Page 395.

+ Vol. CIV, page 13.

Be it therefore enacted by the Governor of British Guiana, with the advice and consent of the Court of Policy thereof, as follows:

1. This Ordinance may be cited as "The Copyright Ordinance, 1915," and shall come into operation upon such day as the Governor shall notify by Proclamation.

2.-(1.) If any person knowingly

(a.) Makes for sale or hire any infringing copy of a work in which copyright subsists; or

(b.) Sells or lets for hire, or by way of trade exposes or offers for sale or hire, any infringing copy of any such work; or

(c.) Distributes infringing copies of any such work either for the purposes of trade or to such an extent as to affect prejudicially the owner of the copyright; or

(d.) By way of trade exhibits in public any infringing copy of any such work; or

(e.) Imports for sale or hire into this Colony any infringing copy of any such work;

he shall be guilty of an offence under this Ordinance and be liable, on summary conviction before a Magistrate's Court, to a fine not exceeding 10 dollars for every copy dealt with in contravention of this section, but not exceeding 250 dollars in respect of the same transaction; or in case of a second or subsequent offence, either to such fine or to imprisonment, with or without hard labour, for a term not exceeding two months.

(2.) If any person knowingly makes or has in his possession any plate for the purpose of making infringing copies of any work in which copyright subsists, or knowingly and for his private profit causes any such work to be performed in public without the consent of the owner of the copyright, he shall be guilty of an offence under this Ordinance and be liable, on summary conviction before a Magistrate's Court, to a fine not exceeding 250 dollars, or in the case of a second or subsequent offence either to such fine or to imprisonment, with or without hard labour, for a term not exceeding two months.

(3.) The Court before which any such proceedings are taken may, whether the alleged offender is convicted or not, order that all copies of the work or all plates in the possession of the alleged offender which appear to it to be infringing copies or plates for the purpose of making infringing copies be destroyed or delivered up to the owner of the copyright, or otherwise dealt with as the Court may think fit.

3. Any person aggrieved by a summary conviction of an offence under the foregoing provisions of this Ordinance may appeal to the Supreme Court of this Colony in the terms, upon the conditions, and generally in accordance with the provisions of "The Magistrates' Decisions (Appeals) Ordinance, 1893."

4. Any notice in writing required to be given under the provisions of section 14 (1) of "The Copyright Act, 1911," of the Imperial Parliament, to the Commissioners of Customs and

Excise, shall be given to the Comptroller of Customs in British Guiana, provided, however, that any notice so given to the Commissioners of Customs and Excise, and communicated by them to the said Comptroller of Customs, shall be deemed to have been given to the Comptroller of Customs.

ORDINANCE of the Government of British Honduras to facilitate the operation of "The (Imperial) Copyright Act, 1911," in the Colony.

[No. 11.]

[March 26, 1915.]

Be it enacted by the Governor of British Honduras, with the advice and consent of the Legislative Council thereof : 1. This Ordinance may be cited as "The Copyright Ordinance, 1915."

2.-(1.) If any person knowingly—

(a.) Makes for sale or hire any infringing copy of a work in which copyright subsists; or

(b.) Sells or lets for hire, or by way of trade exposes or offers for sale or hire, any infringing copy of any such work; or

(c.) Distributes infringing copies of any such work either for the purposes of trade or to such an extent as to affect prejudicially the owner of the copyright; or

(d.) By way of trade exhibits in public any infringing copy of any such work; or

(e.) Imports for sale or hire into the Colony any infringing copy of any such work;

he shall be guilty of an offence under this Ordinance and be liable on summary conviction to a fine not exceeding 10 dollars for every copy dealt with in contravention of this section, but not exceeding 250 dollars in respect of the same transaction; or, in the case of a second or subsequent offence, either to such fine or to imprisonment, with or without hard labour, for a term not exceeding two months.

(2.) If any person knowingly makes or has in his possession any plate for the purpose of making infringing copies of any work in which copyright subsists, or knowingly for his private profit causes any such work to be performed in public without the consent of the owner of the copyright, he shall be guilty of an offence under this Ordinance, and be liable on summary conviction to a fine not exceeding 250 dollars, or, in the case of a second or subsequent offence, either to such fine or to imprisonment, with or without hard labour, for a term not exceeding two months.

(3.) The Court before which any such proceedings are taken * Vol. CIV, page 13.