S.I. No. 256/1935 - Merchandise Marks (Watch Case Marks and Declaration) Order, 1935.

STATUTORY RULES AND ORDERS. 1935. No. 256.

MERCHANDISE MARKS (WATCH CASE MARKS AND DECLARATION) ORDER, 1935.

WHEREAS it is enacted by subsection (1) of section 8 of the Merchandise Marks Act, 1887, as adapted by or under the Adaptation of Enactments Act, 1922 (No. 2 of 1922), that every person who after a date fixed by the Governor-General of the Irish Free State upon the advice of the Executive Council of the Irish Free State sends or brings a watch case, whether imported or not, to the assay office of the Fraternity or Company of Goldsmiths of the City of Dublin for the purpose of being assayed, stamped or marked, shall make a declaration declaring in what country or place the case was made, and that if it appears by such declaration that the watch case was made in some country or place out of Saorstát Eireann, the assay office of the Fraternity or Company of Goldsmiths of the City of Dublin shall place on the case such a mark (differing from the mark placed by such assay office on a watch case made in Saorstát Eireann) and in such mode as may be from time to time directed by the Governor-General of the Irish Free State upon the advice of the Executive Council of the Irish Free State:

AND WHEREAS it is enacted by subsection (2) of the said section 8, as so adapted, that the said declaration shall be in such form as may be from time to time directed by order of the Governor-General of the Irish Free State upon the advice of the Executive Council of the Irish Free State:

NOW, THEREFORE, I, DONAL BUCKLEY, Governor-General of the Irish Free State, upon the advice of the Executive Council of the Irish Free State and in exercise of the powers conferred by the Merchandise Marks Act, 1887, as adapted by or under the Adaptation of Enactments Act, 1922 (No. 2 of 1922), and of every and any other power me in this behalf enabling, do hereby order as follows:—

1. This Order may be cited as the Merchandise Marks (Watch Case Marks and Declaration) Order, 1935.

2. The Interpretation Act, 1889, applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas passed before the 1st day of January, 1924.

3. The declaration to be made under subsection (1) of section 8 of the Merchandise Marks Act, 1887, as adapted by or under the Adaptation of Enactments Act, 1922 (No. 2 of 1922), by every person who, after the date of the coming into operation of this Order, sends or brings a watch case, whether imported or not, to the assay office of the Fraternity or Company of Goldsmiths of the City of Dublin for the purpose of being assayed, stamped or marked shall be in the form set forth in the First Schedule hereto and the directions and instructions contained in or appended to the said form shall be complied with by every such person.

4. If it appears by a declaration made in pursuance of subsection (1) of section 8 of the Merchandise Marks Act, 1887, that a watch case to which such declaration relates was made in some country or place out of Saorstát Eireann, such assay office shall, whenever such watch case is a gold case, place thereon the marks set forth in the First Part of the Second Schedule hereto and shall, whenever such watch case is a silver case, place thereon the marks set forth in the Second Part of the said Schedule.

5. The Order in Council made on the 7th day of May, 1907, under section 8 of the Merchandise Marks Act, 1887, is hereby revoked.

6. This Order shall come into operation on the 1st day of August, 1935.

Given under my hand and sealed with the Great Seal of Saorstát Eireann, this 30th day of July, 1935.

DOMHNALL UA BUACHALLA,

Governor-General.

FIRST SCHEDULE.

FORM OF DECLARATION.

NOTE.—This declaration may be made before an officer of the assay office of the Fraternity or Company of Goldsmiths of the City of Dublin appointed in that behalf by such office, or before a District Justice, or a commissioner having power to administer oaths.

(a) Insert name, address and description of declarant.

(b), (c), (d), (e) Strike out whichever is inapplicable.

(f) Insert name of country in which case or cases was or were made.

(g) This declaration must be signed by the declarant.

(h) Signature of persons before whom declaration is made and appropriate description in accordance with Note appended to this Form.

SECOND SCHEDULE.

PART I.

GOLD WATCH CASES.

1. The Hall-mark of the Fraternity or Company of Goldsmiths of the City

of Dublin, that is to say:

2. The carat value of the gold in the watch case and the decimal equivalent of such carat value, both marked with whichever of the following figures and signs is applicable to such watch case, that is to say, either

or or or

3. A mark which denotes the annual date letter.

PART II.

SILVER WATCH CASES.

1. The Hall-mark of the Fraternity or Company of Goldsmiths of the City of

Dublin, that is to say: :

2. The standard value of the silver in the watch case and the decimal equivalent of such standard value, both marked with whichever of the following figures

and signs is applicable to such watch case, that is to say, either

or

3. A mark which denotes the annual date letter.

NOTE.—In this Schedule the actual sizes of the marks are not shown.