No. 10.-The Marquess of Salisbury to Mr. Trench.

graphic.)

Foreign Office, May 3, 1892. E learn by telegraph from Mr. Johnston from Nyasa that the de native Chiefs and all slave-raiders are beaten, and having asted their ammunition are paralyzed.

He is afraid that they are trying to get more supplies from

a.

You should press the German Government to telegraph, warntheir local authorities, and instructing them to prevent these plies being obtained.

No. 11.-The Marquess of Salisbury to Sir G. Petre. egraphic.) Foreign Office, May 3, 1892. CONSUL-GENERAL JOHNSTON telegraphs from Nyasa that the the slave-raiders and native Chiefs have been defeated, and are ralyzed owing to the fact of their ammunition being exhausted. He fears, however, that they may try to get a further supply Jr Quilimane.

I should wish you to press the Portuguese Government to teleraph warning their local authorities, and instructing them to revent this supply being obtained.

No. 12.-Sir G. Petre to the Marquess of Salisbury.—(Received

(Telegraphic.)

May 5.)

Lisbon, May 5, 1892.

WITH reference to your Lordship's telegram of the 3rd instant, Senhor Costa Lobo informs me that telegraphic instructions were sent yesterday by the Minister of Marine to Mozambique to the effect that the local authorities at Quilimane were to prevent the supply of ammunition to the Arabs of Nyasa.

No. 13.-The Marquess of Salisbury to Commissioner Johnston. (Telegraphic.) Foreign Office, May 7, 1892. THE Admiralty are now having constructed two small steamers for service on Lake Nyasa. It is feared that they cannot be taken up the Shiré before October, though they will be ready in July.

No. 14.-Sir E. Malet to the Marquess of Salisbury.—(Received May 16.)

MY LORD,

Berlin, May 10, 199

WITH reference to your Lordship's telegram of the 3rd instar I have the honour to inclose translation of a note, and of i inclosure, which I have received from the Imperial Secretary State for Foreign Affairs, giving the Regulations which are in for with regard to the importation of arms and ammunition into t German Protectorate in East Africa, and stating that spee instructions have been sent by telegraph in order to insure th strict execution, in view of the danger of arms being supplied fre Kilwa to the slave-raiders in Nyasaland.

The Marquess of Salisbury.

I have, &c.,

EDWARD B. MALE

(Inclosure 1.)-Baron Marschall to Mr. Trench.

(Translation.)

M. LE CHARGÉ D'AFFAIRES, Foreign Office, Berlin, May 8, 189 I HAVE the honour to inform you that, in accordance with yo note of the 4th May, and with the desire of Lord Salisbury, instructed the Imperial Governor of German East Africa on t same day by telegram to exercise a special supervision over t importation of arms into Kilwa in order to exclude any possibilit of Arabs or native slave-traders on Lake Nyasa obtaining suppli of ammunition through smugglers.

At the same time, I would observe that I cannot share the feat expressed by Mr. Johnston; for, according to the inclosed Regu lation of the 1st December, 1891, the importation of fire-arms ammunition, and powder is forbidden within the German Protes torate, and, moreover, the traffic in the afore-mentioned articles à entirely in the hands of the Imperial Government.

The Imperial Government considers that to insure the strictest conformity to this Regulation is, in the interest of their own authority, one of their most binding duties.

I avail, &c.,

Hon. P. H. Trench.

MARSCHALL

(Inclosure 2.)-Decree of the Imperial Governor of German Et Africa respecting the Importation of Fire-arms of all kinds, and the Formalities to be observed in connection therewith.-Decei ber 1, 1891.

[See Vol. LXXIV, page 333.]

2. 15.-Commissioner Johnston to the Marquess of Salisbury.(Received May 30.)

graphic.) Zomba, May 11, 1892. NEWS received from Captain Keane, dated Fort Johnston, the May, reporting arrival of many refugees from Makanjira, whom Magwangwara allies have attacked and beaten. Certain of se refugees witnessed the murder of MacEwan and Dr. Boyce. y also say that Makanjira is now without powder, and that ess the caravans which he has dispatched to Kilwa and Lindi, the German coast-line, return with powder, he will not be able withstand the Magwangwara much longer.

I would beg your Lordship to press German Government not to mit the purchase of gunpowder by caravans for Nyasa. Everyere else on Lake Nyasa things are very much in our favour, and mibe and Mponda continue to give us effective support.

RDINANCE of the Government of Ceylon, to amend the Law relating to Fraudulent Marks on Merchandize.*

No. 13.]

[Assented to, December 22, 1888.]

(L.S.) ARTHUR GORDON.

WHEREAS it is expedient to amend the Law relating to raudulent marks on merchandize :

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

1. This Ordinance may be cited as "The Merchandize Marks Ordinance, 1888;" and it shall come into operation at such time as the Governor shall appoint by Proclamation, to be published AL the "Government Gazette."

2. The Ordinance No. 5 of 1865, intituled "An Ordinance relating to the fraudulent marking of merchandize," so far as the same has not been repealed by the Criminal Procedure Code, 1883, and sectious 467 and 469 and so much of sections 471, 472, 474, and 475 of the Ceylon Penal Code as relate to trade-marks, are hereby repealed; and any unrepealed enactment referring to any enactment so repealed shall be construed to apply to the corresponding provisions of this Ordinance: Provided that this repeal shall not affect

Amended by Ordinance No. 14 of 1892, page 606.

(a.) Any penalty, forfeiture, or punishment incurred in respect f any offence committed against any enactment hereby repealed; n

(b.) The institution or continuance of any proceeding or other remedy under any enactment so repealed for the recovery of any penalty incurred, or for the punishment of any offence committed before the commencement of this Ordinance; nor

(c.) Any right, privilege, liability, or obligation acquired, accrued or incurred under any enactment hereby repealed.

3.-(1.) Every person who

(a.) Forges any trade-mark; or

(b.) Falsely applies to goods any trade-mark or any 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 Ordinance, and unless he proves that he acted without intent to defraud, be guilty an offence against this Ordinance.

(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 com mitting 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 persons from whom he obtained such goods or things; or

(c.) That otherwise he had acted innocently;

Be guilty of an offence against this Ordinance.

(3.) Every person charged with an offence against this Ordinance may be tried by the District Court or Police Court, and shall be liable

(i.) On conviction by the District Court, to simple or rigorous imprisonment for a term not exceeding two years, or to a fine not exceeding 1,000 rupees, or to both imprisonment and fine; and

(ii.) On summary conviction by the Police Court, to simple or rigorous imprisonment for a term not exceeding three months,

o a fine not exceeding 100 rupees; and in the case of a second subsequent conviction to simple or rigorous imprisonment for erm not exceeding six months, or to a fine not exceeding rupees; and

(iii.) In any case to forfeit to Her Majesty every chattel, article, rument, or thing by means of, or in relation to, which the offence been committed.

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

(5.) It shall be lawful for a Police Court, in the case of a second subsequent summary conviction, to inflict the full amount of fine reinbefore provided, anything in section 16 of the Criminal ocedure Code, 1883, to the contrary notwithstanding: Provided at a person charged with an offence under this section before a olice Court shall, on appearing before the Court, and before the large has been gone into, be informed of his right to be tried by e District Court, and if he requires, be so tried accordingly. 4.-(1.) For the purposes of this Ordinance

The expression "trade-mark" means a trade-mark registered n the Register of Trade-marks kept under "The Trade-marks Ordinance, 1888," and includes any trade-mark which is registered in the Register of Trade-marks kept under "The Patents, Designs, and Trade-marks Act, 1883,"* (46 & 47 Vict., cap. 57), and any trademark which, either with or without registration, is protected by law in any British possession or foreign State to which the provisions of the 103rd section of "The Patents, Designs, and Trade-marks Act, 1883," are, under Her Majesty's 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

or

(c.) As to the mode of manufacturing or producing any goods;

(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 :

* Vol. LXXIV, page 211.