« AnteriorContinua »
Party in the said Action, by Recognizance, to be acknowledged before such Sheriff or other Officer of such inferior Court, in Double the Amount of the Debt or Damages mentioned in the Writ issued in such inferior Court, or in such other Sum as such Sheriff or other Officer of such inferior Court shall direct, to prosecute the said Writ of Pone loquelam or such other Writ with Effect, and also to satisfy and pay (if Judgment be given against the Person or Persons removing such Cause, or the Writ of Pone loquelam or other Writ be not proceeded in) all and singular the Debt, Damages, and Costs adjudged.
XXXIV. And be it enacted, That in all Cases the Person or Recognizance Persons in whose Name or Names any Writ of false Judgment or to be entered Supersedeas thereon shall be brought for the reversing of any Party bringing Judgment in any inferior Court within the said County Palatine of
a Writ of false Durham shall, with Two sufficient Sureties such as the said Court Judgment. of Pleas shall approve of, within Six Days after the Return of any such Writ into the Court of Pleas at Durham, be bound unto the Party for whom such Judgment is given, by Recognizance, to be acknowledged before a Justice of the said Court of Pleas at Durham, in Treble the Sum adjudged to be recovered by the former Judgment, to prosecute the said Writ of false Judgment or Supersedeas with Effect, and also to satisfy (if the said Judgment shall be affirmed, or the Writ of false Judgment or Supersedeas be not proceeded in) all and singular the Debt, Damages, and Costs adjudged, and all Costs and Damages to be awarded for the delaying Execution; and in case such Recognizance shall not be acknow. ledged and entered into such Writ of false Judgment shall abate, and the Party to whom such Judgment is given, on delivering to the Sheriff or other Officer in such inferior Court a Certificate by the Prothonotary of the said Court of Pleas, or his Deputy, that such Recognizance has not been acknowledged and entered into, shall be entitled to Execution out of such inferior Court for the Sum adjudged to be recovered by such Judgment, and Costs of Action. XXXV. • And whereas it is expedient that due Provision should Compensation be made for the Compensation of the Cursitor of the County of awarded to the • Durham for the Losses he may sustain by the Reduction of or
Cursitor of the "Abolition of his Fees by virtue or in consequence of this Act:
County of Dur
ham. Be it therefore enacted, That from and after the Commencement of this Act there shall be issued, paid, and payable out of, and charged upon, the Consolidated Fund of the United Kingdom of Great Britain and Ireland, to the said Cursitor, free and clear of all Taxes and Deductions whatsoever, such Sums of Money, at such Times, by way of Annuity or otherwise, as, having regard to the Manner of his Appointment to such Office, and the Time and Duration thereof, and all the Circumstances of the Case, shall be adjudged and determined to be due to such Cursitor by any Commission to be appointed by Her Majesty or by virtue of any Act of Parliament for the Purpose of determining the Amount of the Compensation that ought to be due and payable in such Cases ; and in the meantime and until such Compensation shall be awarded and determined in manner aforesaid, or the Time shall have elapsed that may be appointed for claiming the same, it shall be lawful for the Commissioners of Her Majesty's Treasury of the United King
dom of Great Britain and Ireland, or any Three of them, to issue their Warrants for the Payment to such Cursitor as aforesaid, out of the said Consolidated Fund, of such half-yearly or quarterly Allowances as to the said Commissioners shall seem reasonable, both as to the Amount and Time of Payment, on account of such Com
pensation as may be thereafter awarded to the said Cursitor. Cursitor not to XXXVI. Provided always, and be it enacted, That such Curreceive Com
sitor shall not be entitled to receive any such Compensation or
Allowance as aforesaid unless he shall previously make a full and he makes a Statement of
true Statement to the said Commissioners of Her Majesty's Treathe Fees re- sury, to be verified on Oath before a Judge or Master Extraordiceived.
nary in Chancery, if they shall think fit so to direct, of the Amount of the Salary, Fees, and Emoluments of such Office, and of the Disbursements and Outgoings of the same, for the Time they shall have held such Office, or for the Space of Ten Years before the passing of this Act, and the Amount of such Fees during such
Period of Time as aforesaid as are to be abolished by this Act shall Cases in which be set forth in such Statement; and that such Compensation or Compensation Allowances shall cease altogether or be reduced in Amount, as shall cease or be the Case may be, whenever the Party entitled to receive the same reduced.
shall be placed in any other Public Office of which the Salary and Emoluments shall be equal to the Whole or to Part of such Com. pensation or Allowance, so that in such last-mentioned Case such Cursitor shall not be entitled to receive more of such Compensation or Allowance than shall be equal to the Difference between the full Amount thereof and the Amount of the Salary and Emoluments
of the Office in which he may be hereafter placed. Commencement XXXVII. And be it enacted, That this Act shall commence and of Act. take effect on the Thirteenth Day of September One thousand eight
hundred and thirty-nine. Act may be XXXVIII. And be it enacted, That this Act may be amended amended, &c.
or repealed by any Act to be passed during the present Session of Parliament.
SCHEDULE to which this Act refers.
Writ of Summons.
To C.D. of, &c. in the County of Durham, greeting.
Year of Our Reign.
Memorandum to be subscribed on the Writ. N. B.–This Writ is to be served within Four Calendar Months from the Date hereof, including the Day of such Service.
Indorsements to be made on the Writ before Service thereof. This Writ was issued by E.F. of
Attorney for the said A.B.
This Writ was issued in person by A.B., who resides at [mention the City, Town, or Parish, and also the Name of the Hamlet, Street, and Number of the House of the Plaintiff's Residence, if any such]. The Plaintiff claims
for Debt, and
for Costs, and if the Amount thereof be paid to the Plaintiff or Attorney within Eight Days from the Service hereof, inclusive of the Day of such Service, further Proceedings will be stayed.
Indorsement to be made on the Writ after Service thereof. This Writ was served by me X.Y. on
the Day of One thousand eight hundred and thirty
X.Y. No. 2. Forms of entering an Appearance. In the Court of Pleas at Durham, The Defendant C.D. appears A.B. Plaintiff against C.D. in person (or E.F., Attorney [or
for C.D., appears for him, C.D. and another,
or G. H., Attorney for the
Plaintiff, appears for the DeAgainst C.D. and others.] fendant C.D., according to the Statute. Entered the
One thousand eight hundred and
Writ of Distringas.
[or To the Coroners of the County of Durham,] greeting. We command you, That you omit not, by reason of any Liberty in your Bailiwick, but that you enter the same, and distrain upon the Goods and Chattels of C.D. for the Sum of Forty Shillings, in order to compel his Appearance in Our Court of Pleas at Durham to answer A.B. in a Plea of Trespass on the Case (or of Debt, 8c., as the Case may be], and how you shall execute this Our Writ you make known to Our Justices at Durham on the
[instant or now next ensuing]. Witness
at Durham the Year of Our Reign.
Notice to be subscribed to the foregoing Writ. In the Court of Pleas}
Between A. B., Plaintiff,
Goods and Chattels in the Sum of Forty Shillings, in consequence of
your not having appeared in the said Court to answer A.B. according to the Exigency of a Writ of Summons bearing Date on the Day of
; and that in default of your Appearance to the present Writ within Eight Days inclusive after the Return thereof, the said A. B. will cause an Appearance to be entered for you, and proceed thereon to Judgment and Execution [or, if the Defendant be subject to Outlawry, will cause Proceedings to be taken to outlaw you.]
CA P. XVII.
Manufacture the Copyright of such Designs for a limited
[14th June 1839.) WHE
HEREAS it is expedient that Provision should be made
for securing the exclusive Benefit of Designs for Articles • of Manufacture to the Authors and Proprietors thereof for a • limited Time;' be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That every Proprietor of a new and original Design made for any of the following Purposes, and not published before the First Day of July One thousand eight hundred and thirty-nine, shall have the sole Right to use the same for any such Purpose during the Term of Twelve Calendar Months, to be computed from the Time of the same being registered according to this Act; and the following are the Purposes referred to: First.–For the Pattern or Print, to be either worked into or
worked on, or printed on or painted on, any Article of Manu-
Schedule hereto annexed :
ment, or the Chasing, or the Engraving, or for any other
facture, except Lace, and also except Linens, Cottons, Calicoes, Muslins, and any other Article within the Meaning of the Acts
mentioned in the Schedule hereto annexed : Provided always, that every Proprietor of a new and original Design made for the Modelling, or the Casting, or the Emboss. ment, or the Chasing, or the Engraving, or for any other Kind of Impression or Ornament on any Article of Manufacture, being of any Metal or mixed Metals, shall have the sole Right to use the same during the Term of Three Years, to be computed from the Time of the same being registered according to this Act; but no Person shall be entitled to the Benefit of this Act unless the Design have before Publication been registered according to this Act, and unless such Person be registered according to this Act as the Proprietor of the Design, and unless after Publication of the (a) [See Chap. 13. ante.]
Design every Article of Manufacture published by him, on which such Design is used, have thereon the Name of the first registered Proprietor, and the Number of the Design in the Register, and the Date of the Registration thereof: And the Author of every such Proprietor exnew and original Design shall be considered the Proprietor, unless plained. be have executed the Work on behalf of another Person for a valuable Consideration, in which Case such Person shall be considered the Proprietor, and shall be entitled to be registered in the Place of the Author; and every Person purchasing for a valuable Consideration a new and original Design, or the exclusive or the partial Right to use the same for any One or more of the above-mentioned Purposes, in relation to any One or more Articles of Manufacture, shall be considered as the Proprietor of the Design for all or any One or more of such Purposes, as the Case happens to be.
II. And be it enacted, That every Person purchasing a new and Transfer of original Design may enter his Title in the Register hereby pro- Copyright, and vided ; and any Writing purporting to be a Transfer of such Register
thereof. Design, and signed by the Proprietor thereof, shall operate as an effectual Transfer; and the Registrar shall, on Request, and the Production of such Writing, insert the Name of the new Proprietor in the Register; and the following may be the form of such Transfer, and of such Request to the Registrar:
Form of Transfer and Authority to register. I A.B., Author Cor Proprietor) of Design Number
having transferred my Right thereto (or if such Transfer be partial] so far as regards the making of
[describe ' the Articles of Manufacture with respect to which the Right is transferred] to B.C. of
do hereby authorize ' you to insert his Name on the Register of Designs accordingly.'
Form of Request to register.
you to register my Name and Property in the said Design, according to the Terms of such Transfer.'
III. And be it enacted, That during the Existence of such ex- For preventing clusive or partial Right no Person shall either do or cause to be Piracy. done any of the following Acts in regard to a registered Design, without the Licence or Consent in Writing of the registered Proprietor thereof; (that is to say,) No Person shall use for the Purposes aforesaid, or any of them, or
print or work or copy, such registered Design, or any original
Part thereof, on any Article of Manufacture, for Sale:
in any other Manner dispose of for Profit, any Article whereon
of Manufacture for Sale, either wholly or partially, by making
Subtraction from any original Part thereof: