Offences, how tried. 48. All offences under this Ordinance (with the exception of that contained in Sub-section (1) of the last preceding section) shall be tried and punishable before the Police Magistrate' or a District Commissioner. (4 of 1901, s. 45.) SCHEDULE I. FORM OF APPLICATION FOR REGISTRATION OF TRADE MARK. (One representation to be fixed within this Representation of a larger size may be folded, You are hereby requested to register the accompanying trade mark (in class ) in the name of (b) in respect of (a) Registration fees enclosed. NOTE.-State whether the trade mark has or has not been in use before the coming into operation of this Ordinance. (a) Only goods contained in one and the same class should be set out here. (b) Here insert legibly the name, address and business of the individual or firm. SCHEDULE II. 1. On application to register a trade mark for one or 2. For registration of a trade mark for one or more 3. For registering a series of trade marks, for every 4. On appeal from Registrar to Court: 5. On notice of opposition, by opponent. 8. For continuance of mark at expiration of fourteen years 9. Additional fee when fee is paid within three months after expiration of fourteen years. . 0 10 0 10. Additional fee for restoration of trade mark removed for non-payment of fee 11. For altering address on register, for every mark. 12. For cancelling entry or part thereof on applica tion of proprietor 13. For certificate of refusal to register 14. For certificate of registration 15. For certificate of entry, &c., s. 36 16. For settlement of special case by Registrar. 17. For inspecting register, for every quarter of an hour 18. For correcting clerical error 19. For office copy of documents, for every 100 words (but not less than one shilling). SCHEDULE III. CLASSIFICATION OF GOODS. Class 1. Chemical substances. 1 0 0 0 5 0 OLTO2 0 0 40040 0 5 0 0 2. Raw or partly prepared vegetable, animal and mineral substances used in manufactures. 3. Machinery. 4. Scientific instruments. 5. Cutlery and edged tools. 6. Metal goods not included in other classes. 7. Glass, china, and earthenware. 8. Engineering, architectural, and building contrivances. 9. Instruments of war and explosive substances. *10. Cotton and silk goods. 12. Substances used as food and ingredients in food. 13. Fermented liquors and spirits. 14. Mineral waters. 15. Candles, soap, oils, matches, starch, and preparations used for laundry purposes. 16. Perfumery. 17. Tobacco manufactured and unmanufactured. 18. Seeds for agricultural and horticultural purposes. 19. Miscellaneous, i.e., goods not included in the foregoing classes. S.N.-VOL. I. See sect. 17a. YY CHAPTER L. BILLS OF EXCHANGE. Short title. Interpretation of terms. (No. 7-1893.) PART I.-PRELIMINARY. 1. This Ordinance may be cited as "The Bills of Exchange Ordinance." 2. In this Ordinance, unless the context otherwise requires "Action" includes counter claim and set off. "Banker" includes a body of persons whether incorporated or not who carry on the business of banking. "Bankrupt" includes any person whose estate is vested in a trustee or assignee under the law for the time being in force relating to bankruptcy. "Bearer" means the person in possession of a bill or note which is payable to bearer. "Delivery" means transfer of possession, actual or constructive, from one person to another. "Holder" means the payee or indorsee of a bill or note who is "Indorsement" means an indorsement completed by delivery. "Note" means promissory note. "Person" includes a body of persons whether incorporated or not. "Value" means valuable consideration. "Written" includes printed, and "writing" includes print. PART II.-BILLS OF EXCHANGE. Form and Interpretation. defined. 3. (1) A bill of exchange is an unconditional order in writing, Bill of addressed by one person to another, signed by the person giving it, exchange requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer. (2) An instrument which does not comply with these conditions, or which orders any act to be done in addition to the payment of money, is not a bill of exchange. (3) An order to pay out of a particular fund is not unconditional within the meaning of this section; but an unqualified order to pay, coupled with (a) an indication of a particular fund out of which the drawee is to re-imburse himself, or a particular account to be debited with the amount, or (b) a statement of the transaction which gives rise to the bill, is unconditional. (4) A bill is not invalid by reason— (a) That it is not dated; (b) That it does not specify the value given, or that any value has been given therefor; (c) That it does not specify the place where it is drawn or the place where it is payable. 4.—(1) An inland bill is a bill which is or on the face of it Inland and purports to be (a) both drawn and payable within the Colony, or foreign bills. (b) drawn within the Colony upon some person resident therein. Any other bill is a foreign bill. (2) Unless the contrary appear on the face of the bill the holder may treat it as an inland bill. 5.--(1) A bill may be drawn payable to, or to the order of, the Effect where drawer; or it may be drawn payable to, or to the order of, the different drawee. (2) Where in a bill the drawer and the drawee are the same person, or where the drawee is a fictitious person or a person not having capacity to contract, the holder may treat the instrument, at his option, either as a bill of exchange or as a promissory note. parties to a bill are the same person. 6.-(1) The drawee must be named or otherwise indicated in a Address to bill with reasonable certainty. (2) A bill may be addressed to two or more drawees whether they are partners or not, but an order addressed to two drawees in the alternative or to two or more drawees in succession is not a bill of exchange. drawee. 7.-(1) Where a bill is not payable to bearer the payee must be Certainty named or otherwise indicated therein with reasonable certainty. required as to payee. What bills are negotiable. Sum payable. Bill payable on demand. (2) A bill may be made payable to two or more payees jointly, or it may be made payable in the alternative to one of two, or one or some of several payees. A bill may also be made payable to the holder of an office for the time being. (3) Where the payee is a fictitious or non-existing person the bill may be treated as payable to bearer. 8.-(1) When a bill contains words prohibiting transfer or indicating an intention that it should not be transferable it is valid as between the parties thereto but is not negotiable. (2) A negotiable bill may be payable either to order or to bearer. (3) A bill is payable to bearer which is expressed to be so payable or on which the only or last indorsement is an indorsement in blank. (4) A bill is payable to order which is expressed to be so payable or which is expressed to be payable to a particular person and does not contain words prohibiting transfer or indicating an intention that it should not be transferable. (5) Where a bill either originally or by indorsement is expressed to be payable to the order of a specified person and not to him or his order it is nevertheless payable to him or his order at his option. 9.-(1) The sum payable by a bill is a sum certain within the meaning of this Ordinance, although it is required to be paid(a) With interest. (b) By stated instalments. (e) By stated instalments, with a provision, that upon default in payment of any instalment the whole shall become due. (d) According to an indicated rate of exchange or according to a rate of exchange to be ascertained as directed by the bill. (2) Where the sum payable is expressed in words and also in figures and there is a discrepancy between the two the sum denoted by the words is the amount payable. (3) Where a bill is expressed to be payable with interest, unless the instrument otherwise provides, interest runs from the date of the bill, and if the bill is undated from the issue thereof. 10.—(1) A bill is payable on demand— (a) Which is expressed to be payable on demand or at sight or on presentation; or (b) In which no time for payment is expressed. (2) Where a bill is accepted or indorsed when it is overdue it shall, as regards the acceptor who so accepts or any indorser who so indorses it be deemed a bill payable on demand. |