No. XII.
| A n Act to pro tec t | t he purchase r s | of | cer ta in |
Books and o ther Publ icat ions , and to a m e n d the law of Contracts in re la t ion
| the re to . | [25th | September, | 1890.] |
| BE | the advice and consent of t h e Legis la t ive | Council a n d Legis la |
| it enacted by t h e Queen ' s Mos t Exce l l en t Majes ty , b y and | w i t h |
| t ive Assembly of | N e w | Sou th | W a l e s | in Pa r l i amen t assembled, and | b y |
| t h e au thor i ty of | t h e same, as follows :—• |
1. After t he passing of th i s A c t every ag reemen t for t h e purchase of any books, or of engravings , l i thographs , or p ic tures , or of any other l ike ma t t e r , w h e t h e r i l lus t ra ted or not , a n d hereinaf ter t e rmed pr in ted ma t t e r , shal l be absolutely void in every case where such pr in ted m a t t e r is no t to be delivered to t he purchaser a t t h e date of such agreement in a comple ted form, and so as to embrace t he whole of t he volumes or n u m b e r s of t h e pr in ted ma t t e r , unless t h e
| purchase r of such books, engravings , l i thographs , p ic tures , or | o ther |
| p r in t ed | m a t t e r | shal l have first | signed a n | ag reemen t on a form, in |
| which , in red capi ta l | le t ters , n o t less t h a n | great pr imer , t h e | fol lowing |
| words and figures shall first have been pr in ted , viz. : " T h e | to ta l |
| l iabil i ty of t he purchaser under th is agreement is [inserting | the | amount |
in similar 'printed letters and also in printed figures of like size]," and unless such form shall have been pr in ted or wr i t t en in black, whol ly or par t ly , across a n d subsequen t to t h e p r in t ing of such red
2. The vendor of such books, engravings , l i thographs , p ic tures ,
| or o ther p r in ted ma t t e r , | or his agen t , shall | a t t h e t ime of | t h e | s ign ing |
| of t he ag reemen t aforesaid also h a n d over to t h e purchaser a | dupl ica te |
| of t h e | ag reemen t hav ing pr in ted on i t in addi t ion t h e words " | Dup l i ca t e |
to be kep t by t he purchase r , " a n d the vendor shall no t be ent i t led to recover u n d e r such agreement unless he produce an acknowledgmen t b y t h e purchaser t h a t he has received such dupl ica te of t he ag reemen t as aforesaid.
| 3 . | I n a n y ac t ion hereafter ar is ing in any Cour t on any | con t rac t |
for t h e purchase of such pr in ted mat te r , whe the r entered in to before or after t he pass ing of th i s Act , t he Cour t m a y de termine t h e va lue of
| t h e said p r in t ed ma t t e r , proof of which shall be on t h e | vendor . |
| 1. This A c t may be cited as t h e | " Book Purchase r s P ro tec t ion |