THE APPEAL COURT.

Auckland Star, Volume XXXII, Issue 155, 2 July 1901, Page 8

THE APPEAL COURT.

(By Telegraph—Press Association.)

WELLINGTON, Monday.

The Court of Appeal was opened this morning, all the Judges being present. Argument was begun in the case, Commissioner of Trade and Customs v. Messrs. K. Bell. & Co., Ltd. ; *

The action is one. which was brought by Messrs. 11. Bell & Co. against the Commissioner of Trade and Customs to determine the validity of the forfeiture, tinder section 104 of the Patents, Designs and Trade Marks Act, 1889, of certain cases of matches of the value of £1024, imported by Messrs. Bell & Co. from London. Respondents have one factory in London, and another in Wellington. They manufacture matches in Wellington, and also boxes for their matches, which boxes are marked New Zealand. They do not, however, manufacture sufficient boxes in New Zealand for their Wel-lington-made matches, and have to manufacture some boxes marked "New Zealand" in London, and send them out. Early in 1900, owing to labour troubles, they were unable to fully supply the New Zealand niarl<et with locally-made matches, and their Wellington branch cabled to the London office to send London-made matches. The London office did so, using them to fill boxes marked New Zealand, which had also to be sent out. The customs authorities seized these matches on arrival at Wellington, and declared them to be forfeited under section 104 of the Patents Designs and Trade Marks Act, 1889, on the ground that if landed and sold a breach of section 89 of that Act •would be committed, the goods bearlog' a false trade description. Justice Edwards held that respondents had acted innocently, and that this was a defence tinder section 104. The present appeal is.from this decision, Mr. Bell appea~"~"o iOi' appellant, and Messrs. Tra *erb *»d Campbell for the respondent*. ~. . w^,,w ., ,_,.„ I