Bermuda Consolidated Legislation

BERMUDA
1905 : 7

TRADING STAMP ACT 1905

ARRANGEMENT OF SECTIONS

1 Interpretation

2 Redeemable monetary value must be shown on trading stamp

3 Name of vendor must be shown on trading stamp; redemption at face value

4 Value and corresponding number of stamps to be marked on goods to be supplied in exchange

5 Offences

6 Remedy on refusal to re deem trading stamp

7 Savings

[17 March 1905]

[preamble and words of enactment omitted]

Interpretation

1 In this Act, unless the context otherwise requires—

"trading stamp" means any stamp, ticket, coupon, label, or other similar device, which will entitle the holder thereof on pre sentation thereof, either singly or in any definite number, to receive either directly from the vendor or indirectly from any other person money or goods;

"goods" means goods, wares, or merchandise;

"vendor" means any person engaged in any trade, business, profession, or occupation who on or in consideration of the purchase from him of any goods, issues, gives, or delivers, to the purchaser any trading stamp.

Redeemable monetary value must be shown on trading stamp

2 No vendor shall issue any trading stamp to any person unless the trading stamp has legibly stamped or printed on the face thereof the redeemable value thereof in money, which shall not be less than one-fifth of a cent.

Name of vendor must be shown on trading stamp; redemption at face value

3 Every trading stamp issued by any vendor shall have legibly stamped or printed on the face thereof the initials and surname, or cor porate or firm name, of the vendor, and every vendor shall be liable upon presentation thereof by the holder to redeem all trading stamps issued by such vendor at the face value thereof in money, and it shall not be necessary for the holder to have any stipulated number of trading stamps before being entitled to demand redemption of the same in money:

Provided that a vendor shall not be liable to redeem any trading stamps aggregating in face value less than three cents nor to redeem at any time any trading stamps the face value of which is a fractional part of one cent.

Value and corresponding number of stamps to be marked on goods to be supplied in exchange

4 Every vendor who has or keeps on his business premises any goods to be delivered or supplied to the holders of trading stamps issued by such vendor in exchange for such trading stamps shall legibly mark on each article the value thereof in money, and the corresponding num ber of trading stamps issued by such vendor which will be received by him in exchange for such article, and the holder of any trading stamps of such vendor shall be entitled to demand and receive such article from such vendor in exchange for the number of stamps so marked thereon.

Offences

5 Any vendor who issues any trading stamp which has not legibly stamped or printed on the face thereof the redeemable value thereof in money, and the initials and surname, or corporate or firm name, of the vendor, commits an offence against this Act:

Punishment on summary conviction: a fine of $576 in respect of a first offence and a fine of $1,440 in respect of a second or subsequent offence.

Remedy on refusal to redeem trading stamp

6 If any vendor refuses to redeem any trading stamps as required by section 3, then the holder of such stamps shall be entitled to recover the face value thereof from the vendor as a debt.

Savings

7 This Act shall not apply to—

(a) any printed ticket, coupon, label or other voucher which is placed in or on any wrapper, package or goods sup plied in that condition by any merchant or manufacturer abroad to any person in Bermuda and sold by him in the like condition, where it is clearly indicated on such ticket, coupon, label or other voucher that it is re deemable in the manner indicated thereon only by such merchant or manufacturer, or on his behalf by the per son selling the same;

(b) any printed ticket, coupon, label or other voucher which is placed by any merchant or tradesman in Bermuda in or on any wrapper, package or goods supplied by him in that condition to any person who sells the same in the like condition, where it is clearly indicated on such ticket, coupon, label or other voucher that it is re deemable in the manner indicated thereon only by such merchant or tradesman;

(c) any printed ticket, coupon, label or other voucher issued by any merchant or tradesman in his own name to a cash customer at the time of the purchase by him of any goods from such merchant or tradesman, where it is clearly indicated on such ticket, coupon, label or other voucher that it is redeemable in the manner indicated thereon only by such merchant or tradesman:

Provided that, in any prosecution for any offence under this Act in which the defendant claims exemption under any of the provisions of this section the burden of proving such exemption shall be on the defen dant.

[The Act, originally limited duration, was continued in force indefinitely by 1911:43]

 

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