Imatges de pàgina
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Recovery of
Penalties for
Piracy

Pounds, to the Proprietor of the Design in respect of which such
Offence has been committed.

IV. And be it enacted, That the Party injured by any such Act
may recover such Penalty as follows:
In England, either by an Action of Debt or on the Case against

the Party offending, or by summary Proceeding before Two Justices having Jurisdiction where the Party offending resides; and if the Party injured proceed by such summary Proceeding, any Justice of the Peace acting for the County, Riding, Division, City, or Borough where the Party offending resides, and not being concerned either in the Sale or Manufacture of the Article of Manufacture or in the Design to which such summary Proceeding relates, may issue a Summons requiring such Party to appear on a Day and at a Time and Place to be named in such Summons, such Time not being less than Eight Days from the Date thereof; and every such Summons shall be served on the Party offending, either in Person or at his usual Place of Abode; and either upon the Appearance or upon the Default to appear of the Party offending, any Two or more of such Justices may proceed to the hearing of the Complaint, and upon Proof of the Offence, either by the Con. fession of the Party offending or upon the Oath or Affirmation of One or more credible Witnesses, which such Justices are hereby authorized to administer, may convict the Offender in a Penalty of not less than Five Pounds or more than Thirty Pounds, as aforesaid, for each Offence, as to such Justices doth seem fit; and if the Amount of such Penalty or of such Penalties, and the Costs attending the Conviction, so assessed by such Justices, be not forth with paid, the Amount of the Penalty or of the Penalties, and of the Costs, together with the Costs of the Distress and Sale, shall be levied by Distress and Sale of the Goods and Chattels of the Offender wherever the same happen to be in England ; and the Justices before whom the Party has been convicted, or, on Proof of the Con. viction, any Two Justices acting for any County, Riding, Division, City, or Borough in England where Goods and Chattels of the Person offending happen to be, may grant a Warrant for such Distress and Sale; and the Overplus, if any, shall be returned to the owner of the Goods and Chattels,

on Demand : In Scotland, either before the Court of Session, or by summary

Proceeding as aforesaid before any Two or more Justices of the Peace of the County or Place where the Offence was

committed : In Ireland, either by Action in a Superior Court of Law at

Dublin, or by Civil Bill in the Civil Bill Court of the County

or Place where the Offence was committed : And no Action or other Proceeding for any Offence under this Act shall be brought after the Expiration of Six Calendar Months from the Commission of the Offence; and in such Action or other Proceeding every Plaintiff or Prosecutor shall recover his full Costs of Suit, or of such other Proceeding.

V. For the Purpose of registering Designs for Articles of Manufacture, in order to obtain the Protection of this Act, be it

enacted,

Registrar, &c. of Designs to be appointed.

enacted, That the Lords of the Committee of Privy Council for the Consideration of all Matters of Trade and Plantations may appoint a Person to be a Registrar of Designs for Articles of Manufacture, and if the Lords of the said Committee see fit, a Deputy Registrar, Clerks, and other necessary Officers and Servants; and such Registrar and Deputy Registrar shall hold their Offices during the Pleasure of the Lords of the said Committee; and the Commissioners of the Treasury may from Time to Time fix the Salary or Remuneration of such Registrar, Deputy Registrar, Clerks, Officers, and Servants; and, subject to the Provisions of this Act, the Lords of the said Committee may make Rules for regulating the Execution of the Duties of the Office of the said Registrar; and such Registrar shall have a Seal of Office.

VI. And be it enacted, That the said Registrar shall not register Registrar's any Design unless he be furnished with Three Copies or Drawings Duties. of such Design, accompanied with the Name and Place of Abode of the Proprietor thereof; and the Registrar shall register all such Copies from Time to Time successively as they are received by him for that Purpose, and on every such Copy he shall affix a Number corresponding to such Succession, and he shall retain Two Copies, one of which he shall file in his Office, and the other he shall hold at the Disposition of the Lords of the said Committee, and the remaining Copy he shall return to the Person by whom the same has been forwarded to him; and in order to give ready Access to the Copies of Designs so registered, he shall keep a classified Index of such Copies of Designs.

VII. And be it enacted, That upon any original Design so Certificate of registered, and upon every Copy thereof received for the Purpose Registration of being registered, or for the Purpose of such Registration being

of Design. certified thereon, the Registrar shall certify under his Hand that the Design has been so registered, the Date of such Registration, and the Name of the registered Proprietor; and such Certificate made on every such original Design, or on such Copy thereof, and purporting to be signed by the Registrar or Deputy Registrar, and purporting to have the Seal of Office of such Registrar affixed thereto, shall, in the Absence of Evidence to the contrary, be sufficient Proof, as follows: Of the Design, and of the Name of the Proprietor therein men

tioned, having been duly registered ; and Of the Commencement of the Period of Registry; and Of the Person named therein as Proprietor being the Proprietor;

and Of the Originality of the Design; and Of the Provisions of this Act, and of any Rule under which the

Certificate appears to be made, having been complied with : And any such Writing purporting to be such Certificate shall (in the Absence of Evidence to the contrary) be received in Evidence without Proof of the Handwriting of the Signature thereto, or of the Seal of Office affixed thereto, or of the Person signing the same being the Registrar or Deputy Registrar.

VIII. And be it enacted, That the Commissioners of the Trea. Fees of Regissury shall from Time to Time fix the Fees to be paid for the Ser- tration, and vices to be performed by the Registrar, and such Fees shall be Application

thereof. applied to defray the Expences of the said Office, and the Salaries

or

or other Remuneration of the said Registrar, and of any other Persons employed under him, with the Sanction of the Commissioners of the Treasury, in the Execution of this Act, and the Balance shall be carried to the Consolidated Fund of the United Kingdom, and be paid accordingly into the Receipt of Her Ma. jesty's Exchequer at Westminster ; and the Commissioners of the Treasury may regulate the Manner in which such Fees are to be received, and in which they are to be kept, and in which they are

to be accounted for. Penalty for Ex- IX. And be it enacted, That if either the Registrar or any tortion. Person employed under him either demand or receive any Gratuity

or Reward, whether in Money or otherwise, except the Salary or Remuneration authorized by the Commissioners of the Treasury, he shall forfeit for every such Offence Fifty Pounds to any Person suing for the same, by Action of Debt in the Court of Exchequer at Westminster, and he shall also be liable to be either suspended or dismissed from his Office, and rendered incapable of holding any

Situation in the said Office, as the Lords of the Treasury see fit. Letters, &c. to X. And for the Purpose of facilitating the Use of the Provisions and from the of this Act in regard to the Registration of Designs, be it enacted, Office of Regis- That all Letters and Packets transmitted by Post, either to or trar of Designs from the Office of Registrar of Designs, relating solely to the Busiexempt from Postage.

ness of such Office, shall be exempt from Postage; and that in respect of such Letters and Packets the Provisions of an Act

passed in the First Year of Her present Majesty's Reign, intituled 7 W. 4. & An Act for regulating the sending and receiving of Letters and 1 Vict. c. 35. Packets by the Post free from the Duty of Postage, relating to the

general Regulation of the official Privilege of franking, and to the Transmission to the Post Office of unprivileged Letters, and the

Penalties and Provisions mentioned in an Act passed in the First 7 W. 4. & Year of the Reign of Her present Majesty, intituled An Act for i Vict. c. 36. consolidating the Laws relative to Offences against the Post Office

of the United Kingdom, and for regulating the Judicial Administration of the Post Office Laws, and for explaining certain Terms and Expressions employed in those Laws, shall, so far as the same may be applicable, apply to the Office of the Registrar of Designs,

and the Franking Officer thereof. Interpretation XI. And for the Interpretation of this Act, be it enacted, That Clause. the following Terms and Expressions, so far as they are not repug.

nant to the Context of this Act, shall be construed as follows; (that is to say,) the Expression “ Commissioners of the Treasury" shall mean the Lord High Treasurer for the Time being, or the Commissioners of Her Majesty's Treasury for the Time being, or any Three or more of them; and the Expression “ Article of Manufacture” shall include any Article of the Kind herein referred to, whether it be made by Hand or by Machinery, or by both of those Means; and the Singular Number shall include the Plural as well as the Singular Number; and the Masculine Gender shall include

the Feminine Gender as well as the Masculine Gender. Commencement XII. And be it enacted, That this Act shall come into operation of Act. on the passing thereof, as to the Office and the Appointment of

the Registrar hereby authorized, and on the First Day of July One thousand eight hundred and thirty-nine, as to the other Parts of the Act.

XIII. And

XIII. And be it enacted, That this Act may be amended or Alteration of repealed by any Act to be passed in the present Session of Parlia- Act. ment.

SCHEDULE.

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27 Geo. 3. c. 38.

(1787.)

29 Geo. 3. c. 19.

(1789.)

An Act for the Encouragement of the Arts

of designing and printing Linens, Cottons,
Calicoes, and Muslins, by vesting the Pro-
perties thereof in the Designers, Printers,

and Proprietors for a limited Time.
An Act for continuing an Act for the Encou-

ragement of the Arts of designing and print-
ing Linens, Cottons, Calicoes, and Muslins,
by vesting the Properties thereof in the De-
signers, Printers, and Proprietors for a limited

Time.
An Act for amending and making perpetual an

Act for the Encouragement of the Arts of
designing and printing Linens, Cottons, Ca-
licoes, and Muslins, by vesting the Properties
thereof in the Designers, Printers, and Pro-

prietors for a limited Time.
Any Act passed during the present Session of

Parliament, “ for extending the Copyright
of Designs for Calico Printing to Designs for
printing other woven Fabrics."

34 Geo. 3. c. 23.

(1794.)

2 Vict.

(1839.)

6

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CA P. XVIII.
An Act to enable Archbishops and Bishops to raise Money

on Mortgage of their Sees, for the Purpose of building
and otherwise providing fit Houses for their Residence.

[1st July 1839.] WH THEREAS it is expedient that Power should be given to

the Archbishops and Bishops of the several Dioceses in England and Wales to raise Money upon the Security of the ' Lands and Hereditaments of their respective Sees, for the Purpose of taking down and rebuilding, or repairing, adding to, altering, or improving, the Palaces or Mansion Houses, Offices, and Outbuildings belonging to their respective Sees, or of providing other Palaces or Mansion Houses, Offices, and Outbuildings for the Residence and Occupation of themselves and their Successors :' 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 from and im- Any Archmediately after the passing of this Act it shall be lawful for the bishop or Bishop Archbishop or Bishop for the Time being of any Diocese in may raise England or Wales, after procuring such Certificate and other Evi- Money on Mort2 & 3 Vict.

H

dence

gage

6

of the

Possessions of dence and obtaining such Consents as are herein-after required, to his See for re- borrow and take up at Interest in the Manner herein-after menbuilding or im- tioned, for the Purpose of taking down and rebuilding upon the proving the Palace or Man

same or any adjacent Site or Sites, or upon any other Land or sion; or for

Ground belonging to his See, or of repairing, adding to, altering, building a new or improving any Palace or Mansion House, Offices, or OutbuildPalace or Man- ings belonging to his See, or any Part or Parts thereof; or for sion for his Oc- the Purpose of building upon any Land or Ground belonging to cupation; or

his See any Palace or Mansion House, Offices, or Dutbuildings, for purchasing for the Residence or Occupation of himself and his Successors, Mansion House, either in lieu of and in substitution for any Palace or Mansion &c. ; or for pur- House, Offices, or Outbuildings then belonging to his See, or in chasing Land

addition thereto; or for the Purpose of purchasing any Freehold for a Site, &c.

Messuage or Mansion House, Offices, or Outbuildings, for the Residence or Occupation of himself and his Successors, either with or without Freehold Land convenient to be held therewith, and either in lieu of and in substitution for

any

Palace or Mansion House, Offices, or Outbuildings then belonging to his See, or in addition thereto, and (if necessary or expedient) taking down and rebuilding on the same Site, or on any other Part or Parts of the Land to be included in such Purchase, or repairing, adding to, altering, or improving the Messuage or Mansion House, Offices, or Outbuildings to be so purchased as aforesaid, or any part or Parts thereof; or for the Purpose of purchasing any

Freehold Land or Ground (either with or without any Building or Buildings thereon) as a Site for any Palace or Mansion House, Offices, or Outbuildings, and for Occupation therewith, and building on the said Land or Ground, or any Part or Parts thereof, any such Palace or Mansion House, Offices, or Outbuildings, for the Residence or Occupation of himself and his Successors, either in lieu of and in substitution for any Palace or Mansion House, Offices, or Outbuildings then belonging to his See, or in addition to the same, and in order thereto taking down and removing, or repairing, adding to, altering, or improving, any Building or Buildings which may be standing upon the said Land or Ground at the Time of such Purchase, or any part or Parts thereof, any Sum or Sums of Money not being less than Two thousand Pounds nor exceeding Three Years net Income and Produce of the Revenues of his See, such yearly net Income and Produce to be reckoned on an Average of Three Years, and ascertained and certified in the Manner herein-after mentioned; and as a Security for the Money so to be borrowed, by Indenture or Indentures, to be duly sealed and delivered, to demise all or any of the Manors, Messuages, Lands, Tenements, Tithes, Rent-charges in lieu of Tithes, Rents, and Hereditaments of or belonging to his See, to any Person or Persons, or Body or Bodies Politic or Corporate, who shall be willing to lend or advance the same, or to such Person or Persons as such Lender or Lenders may nominate or appoint, for any Term or Terms of Years, but to be subject to a Proviso or Provisoes in such Mortgage or Mortgages to be contained for the Cesser of every such Term or Terms of Years on Payment to the Party or Parties, Body or Bodies Politic or Corporate, who shall advance the same or any Part or Parts thereof, his, her, or their Executors, Administrators, Successors, or Assigns, of the Principal Sum or

Sums

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