goods, and chattels in his possession under the following circumstances: i. If, after petition of bankruptcy, there is probable reason to believe that he is about to go abroad, or quit his residence, with a view to avoid service of the petition or otherwise to delay proceedings; ii. Or that he is about to remove or conceal his goods. iii. If, after adjudication in bankruptcy, he removes goods above the value of £5, or fails to attend any examination ordered by the court (m). And now, even before a petition of bankruptcy has been presented, as soon as a debtor's summons has been served he may be arrested if he is about to go abroad so as to avoid payment, or avoid proceedings (n). Offences relating to trade-marks. COUNTERFEITING TRADE-MARKS. This subject seems peculiarly to fall within a chapter dealing with offences against trade, though it would also find a place under the heading "Forgery." The law as to offences relating to trade-marks is contained in the Merchandise Marks Act, 1862 (o). Forging (additions to, and alterations of trade-marks, with intent to defraud, as well as fresh fabrications, being deemed forgeries) (p) a trade-mark, or falsely applying any trade-mark with intent to defraud (q), or (ii), with like intent, applying a forged trade-mark to any bottle, case, wrapper, ticket, &c., in which any article is intended to be sold (r), is a misdemeanor, punishable by imprisonment not exceeding two years, or by fine, or both (s). The articles to which the trade-mark is applied, and the instruments by which applied, are to be forfeited. No proceedings are to be taken after three years from the offence, or one from the first discovery (t). Selling goods having forged trade-marks thereon, knowing them to be forged, is an offence punished by a pecuniary penalty (u). Other offences against trade, e.g., False Pretences, Embezzlement, Cheating, &c., may more conveniently be treated of under the title "Offences against Property." One class only of offences remains to be noticed here, and that a somewhat complex and comprehensive one. UNLAWFUL INTERFERENCE WITH TRADE BY COMBINA TIONS, &c. It is perfectly legal for workmen to protect their Right of cominterests by meeting or combining together, or forming bination, how far it may be unions, in order to determine and stipulate with their exercised. employers the terms on which only they will consent to work for them. But this right to combine must not be allowed to interfere with the right of those workmen who desire to keep aloof from the combination, to dispose of their labour with perfect freedom as they think fit (x). Nor must it interfere with the right of (8) 25 & 26 Vict. c. 88, s. 14. (t) Ibid. s. 18. (u) Ibid. s. 4. (x)"The workmen who think it for their advantage to combine together in the disposal of their labour are no more justified in constraining any other workman, who does not desire such association, to combine with them to bring his labour into common stock, as it were, with theirsthan an association of capitalists in constraining an individual capitalist to bring his capital into common stock with theirs."-Report of the Roy. Com. on Labour Laws, 1867. Acts of unlaw ful interfer the masters to have their contracts duly carried out. Infraction of such rights will bring the wrongdoer within the pale of the criminal law of conspiracy. The law on this subject is principally contained in the Conspiracy and Protection of Property Act, 1875 (y). It will be well to prefix a provision of the Trades Union Act, 1871 (z). The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be deemed to be unlawful so as to render any member of such trade union liable to criminal prosecution for conspiracy or otherwise. The following acts are forbidden, and are punishable, ence which are on summary conviction or indictment, by imprisonment not exceeding three months, or penalty not exceeding £20. punishable. i. For any (a) person, with a view to compel any other person to abstain from doing or to do any act which such other person has a legal right to do or abstain from doing-to wrongfully and without authority (a.) Use violence to, or intimidate, such other person, or his wife, or children, or injure his property. (b.) Persistently follow him about from place to place. (c.) Hide his tools, clothes, or other property, or hinder him in the use thereof. (d.) Watch or beset his house, or other place where he resides, or works, or carries on business, or happens to be, or the approach thereto (commonly known as "picketing"), but not if (y) 38 & 39 Vict. c. 86, repealing 34 & 35 Vict. c. 32 and other Acts. (z) 34 & 35 Vict. c. 31, s. 2. (a) This word makes the law of general application, and not restricted to trade disputes, though, of course, practically the offence will most frequently occur in connection therewith. the object be merely to obtain or communicate (e.) Follow him, with two or more other persons in a disorderly manner in or through any street or water. ii. For a person employed by the municipal autho- Acts causing rities, public companies, contractors, or others who failure of ga s have undertaken to supply gas or water, either alone or with others, wilfully and maliciously to break his contract of service, knowing or having reasonable cause to believe that the probable consequence will be to deprive the inhabitants wholly or to a great extent of gas or water (c). iii. For a person wilfully and maliciously to break Acts endangerhis contract of service, knowing or having reason to ing life, &c. believe that the probable consequence will be to endanger human life, or cause serious bodily injury, or expose valuable property to destruction or serious injury (d). An exceptional course in criminal procedure is Procedure. allowed in the case of the last two offences, namely, that on the hearing of an indictment or information for such offences, the respective parties to the contract of service, their husbands or wives, are considered competent witnesses (e). There is also another peculiarity with regard to the proceedings. Power is given to the offender to elect to have the case tried on indictment, and not by a court of summary jurisdiction (ƒ). (b) 38 & 39 Vict. c. 86, s. 7. (c) Ibid. s. 4. (d) Ibid. s. 5. (e) Ibid. s. 11. (f) Ibid. s. 9. For another instance of this innovation, v. p. 141. "Making the fact of whether a particular offence is indictable or not depend on the will of the accused person, is a novelty in our jurisprudence, and, to say the least, productive of considerable practical inconvenience. '- Davis' Labour Laws, p. 99. Trade disputes now form an exception to the general law of conspiracy in one point. If, in connection with such dispute, two or more combine to do something which if done by one person is not punishable as a crime, they will not, on account of their number, be indictable for the conspiracy at common law (g). It may be mentioned that assaults with intent to obstruct the sale of grain, or its free passage, or with force hindering any seaman, keelman, or caster from working at his lawful occupation, or beating or using violence with such intent, is punishable, on summary conviction, by imprisonment not exceeding three months (h). (g) 38 & 39 Vict. c. 86, s. 3. |