AN IMPORTANT CASE.

Gisborne Times, Volume V, Issue 86, 20 April 1901, Page 3

AN IMPORTANT CASE.

BELL AND CO. VERSUS THE STATE. By Telegraph—Press Association. AVellington, last night. In tho Supreme Court, before Air Justice Edwards, a case was brought by R. Bell and Co. against the Commissioner of Trade and Customs. Air J. P. Campbell appeared for tho plaintiffs, and Air H. D. Bell for the Departments. The action was brought under the Customs Laws Consolidation Act of 1882, to test tho question of liability to the forfeiture of 393 eases of wax vesta matches, consigned from London to AVellington. The boxes wore stamped “ R. 801 l and Co., No. 4, established 1832, New Zealand.” Plaintiffs said they had acted innocently. Defendant justified tho forfeiture under the Customs Laws Consolidation Act, and the Patents Designs and Trade Marks Act, 1899. Mr C. R. E. Bell, managing director in London, whose evidence was taken on commission, said when an order came from New Zealand for matches the company had a great quantity on hand, stamped “ New Zealand,” and sent those to the factory for filling, ns " London ” boxes were generally shipped off as fast as they were filled. The directors had not the slightest notion or intention of transgressing any law. The company did not cover cost in sending these matches to New Zealand. _ They were merely sent to enable the Wellington branch to fulfil contracts. The evidence showed that it was customary to import empty boxes from England, as.sufficient could not be made locally, and that tho matches were sometimes imported for the fulfilment of contracts. Ho had no reason to believe the filled boxes would come

marked as manufactured in N£w Zealand. There was profit on the locallymade matches, but not on those imported. The clerk who passed the papers for shipment by the steamer Pakclm said that the landing waiter had remarked on the fact of some boxes being labelled New Zealand and some LondoQ. The duty paid at Auckland on the boxes marked New Zealand was refunded, and no duty was paid in Wellington. Witnesses for the defence said they would assume the matches were manufactured in London or Now Zealand according to the marks. The more saleable article was that marked 11 London.” His Honor reserved judgment.