Trade Marks Act 1865 No 9a (NSW)

No. IX. tt

An Act to prevent the fraudulent marking of trade mabks.

Merchandise and to provide for the registra­

tion of Trade Marks. [26̂ 7/ May, 1865.]

TTTH EEEA S it is expedient to prevent the fraudulent marking of Preamble.

V T merchandise and the sale of merchandise falsely marked for the

purpose of fraud and to provide for the registration of Trade Marks

Be it therefore enacted hy the Queen’s Most Excellent Majesty hy and ,

with the advice and consent of the Legislative Council and Legislative	.
Assembly of New South "Wales in Parliament assembled and hy the authority of the same as follows :—

1.               In the construction of this Act the word “ person” shall Constructionoi

include any person Avhether a subject of Her Majesty or not and any

'

body corporate or body of the like nature and also any company association or society of persons Avhether the members thereof be subjects of Her Majesty or not or some of sucli persons subjects of Her Majesty and some of them not and whether such body corporate body of the like nature company association or society be established or carry on business Avithin Her Majesty’s dominions or elsewhere or

B partly

10	No. 9.	28« VIC.	1865.
Trade Marks.

partly within Her Majesty’s dominions and partly elsewhere the word “ M ark” shall include any name signature word letter device emblem figure sign seal stamp diagram label ticket or other mark of any other description and the expression “ Trade M ark” shall include any and every such name signature word letter device emblem figure sign seal stamp diagram label ticket or other mark as aforesaid lawfully used liy any person to denote any chattel or any article of trade manufacture or merchandise to he an article or thing of the manufacture workmanship production or merchandise of such person or to be an article or thing of any peculiar or particular description made or sold hy such person.

No mark to be 2. A mark shall not be recognized or considered to he the

recognized as a

trade mark until	trade mark of any person until the same has been registered hy or on
registered.	behalf of the person claiming to he entitled thereto as his trade mark.
Begistrar to be	3. The Governor with the advice and consent of the Executive and an otfice to be the place of registration for the purpose of this Act and until such appointment shall be made the Registrar General of the Colony shall be the Registrar of Trade Marks and the General Registry Office of the Colony the place of registration.
appointed until
when Begistrar	Council may appoint some person to he the Registrar of Trade Marks
General shall act.

Mode of registration. 4 . Any pcrson dcsirous of registermg a trade mark shall deliver

to the Registrar two copies of the trade mark proposed to he registered and shall at the same time pay to the Registrar for the public uses of the Colony a sum of three pounds and three shillings and shall also state in writing the nature of the article to which it is proposed that such trade mark shall apply and the Registrar shall within fourteen days of the payment of such fee publish in the Government Gazette a notice stating the name of the applicant a description of the trade mark as nearly as may he and the nature of the article to which it is proposed that such trade mark shall apply and after the expiration of fourteen days from the publication afore­

, said the Registrar shall unless it he shewn to the satisfaction of the Registrar that such trade mark has been previously registered or that some other person is entitled to such trade mark or that such trade mark is so like some other trade mark that it may he mistaken for the same issue to the applicant a certificate setting forth that such trade mark to he described in such certificate has been duly registered and that the person named in such certificate is entitled to the use of

* the trade mark described therein.

Begister to be kept

and open to public	5. The Registrar shall keep a proper register of all certificates issued and of all acts done hy him in pursuance of this Act and such register shall be open to the inspection of any person during ofiice hours on payment of the sum of sixpence.
inipection.

Certificate may be 6 . Any certificate may be transferred either wholly or in part

. A Jl V ’ 11 V f / I

in*paX'̂ * ° ^°'^hy any document in writing signed by the transferror provided that no transfer shall he valid agaiust the person named in such certificate until after such transfer shall have been duly registered and the Regis­ trar is required to register such transfer on payment of the sum of one pound one shilling.

tend to trade mark7. The registration of any trade mark shaU not confer any	Begistration to ex­
only and not to giTo patent right oycr or any sole right to manufacture any article to wnich any patent right, ig proposcd to apply such trade mark hut the certificate of the

registration of any trade mark shall be a proof of the right of the person named in such certificate or of the registered transferree of such certificate to use such trade mark except in case of any suit instituted to try the right of any person to have had such trade mark registered.

Forging a trade

mark or falsely ap­ 8. Every person who with intent to defraud or to enable another

plying any trade to defraud any person shall forge or counterfeit or cause or procure

mark with intent to to be forged Or Counterfeited any trade mark or shall apply or cause	defraud a misde­
meanor.

1865.	28° VIO.	No. 9.
Trade Marks.

or procure to be applied any trade mark or any forged or counterfeited trade mark to any chattel or article not being the manufacture work­ manship production or merchandise of any person denoted or intended to be denoted by such trade mark or denoted or intended to be denoted by such forged or counterfeited trade mark or not being the manu­ facture workmanship production or merchandise of any person whose trade mark shall be so forged or counterfeited or shall apply or cause to procure to be applied any trade mark or any forged or counterfeited trade mark to any chattel or article not being the particular or peculiar description of manufacture workmanship production or merchandise denoted or intended to be denoted by such trade mark or by such forged or counterfeited trade mark shall be guilty of a 'misdemeanor and every person so committing a misdemeanor shall also forfeit to Her Majesty every chattel and article belonging to such person to which he shall have so unlaAvfully applied or caused or procured to be applied any such trade mark or forged or counterfeited trade mark as aforesaid and every instrument in the possession or power of such person and by means of which any such trade mark or forged or counterfeited trade mark as aforesaid shall have been so applied and every instrument in the possession or power of such person for applying any such trade mark or forged or counterfeit trade mark as aforesaid shall be forfeited to Her Majesty and the Court before which any such misdemeanor shall be tried may order such forfeited articles as aforesaid to be destroyed or otherwise disposed of as such Court shall think fit.

9.               Every person who with intent to defraud or to enable another Applying a forged

to defraud any person shall apply or cause or procure to be applied vjssei™aso wra”̂ er

any trade mark or any forged or counterfeited trade mark to any &c. in or with whfoh

cask bottle stopper vessel case cover wrapper band reel ticket label or

other thing in on or with which any chattel or article shall be intended misdemeanor,

to be sold or shall be sold or uttered or exposed for sale or intended

for any purpose of trade or manufacture or shall enclose or place any

chattel or article or cause or procure any chattel or article to be

enclosed or placed in upon under or with any cask bottle stopper vessel

case cover wrapper band reel ticket label or other thing to which any

trade mark shall have been falsely applied or to which any forged or

counterfeited trade mark shall have been applied or shall apply or

attach or cause or procure to be applied or attached to any chattel or

article any case cover reel ticket label or other thing to which any

trade mark shall have been falsely applied or to which any forged or

counterfeited trade mark shall have been applied or shall enclose

place or attach any chattel or article or cause or procure any chattel

or article to be enclosed placed or attached in upon under with or to

any cask bottle stopper vessel case cover wrapper band reel ticket label

or other thing having thereon any trade mark of any other person

shall be guilty of a misdemeanor and every person so committing a

misdemeanor shall also forfeit to Her Majesty every such chattel and

article and also every such cask bottle stopper vessel case cover Avrapper

band reel ticket label or other thing as aforesaid in the possession or

power of such person and every other similar cask bottle stopper vessel

case cover Avrapper band reel ticket label or other thing made to be

used in like manner as aforesaid and every ihstrument in the possession

or power of such person and by means of AAdiich any such trade mark

or forged or counterfeited trade mark as aforesaid shall have been

applied and also every instrument in the possession or power of such

person for applying any such trade mark or forged or counterfeit

trade mark as aforesaid shall be forfeited to Her Majesty and the

Court before Avhich any such misdemeanor shall be tried may order

such forfeited articles as aforesaid to be destroyed or otherwise	•
disposed of as such Court shall think fit.

XO.

No. 9.	28'̂ VIC.	1865.
Trade Marks.

Selling articles with 10. Every person wlio after the first day of August one

forged or false trade	+ f,r,nc 5jTifl	eight hundred and sixty-five shall sell utter or expose
marks after 1st	m O U b d n a
August 1865 pe

equal to yalue of August 1865 penalty either for sale or for any purpose of trade or manufacture or cause to

X X pj.QQ̂ j.0 0̂ be sold uttered or exposed for sale or other purpose as

article sold and a

sum not exceeding

five pounds nor less

aforesaid any chattel or article together with any forged or counter­

than ten shillings.

feited trade mark which he shall know to be forged or counterfeited or together with the trade mark of any other person applied or used falsely or wrongfully or without lawful authority or excuse knowing such trade mark of another person to have been so applied or used as aforesaid and that whether any such trade mark or forged or counter­ feited trade mark as aforesaid together with which any such chattel or article shall be sold* uttered or exposed for sale or other purpose as aforesaid shall be in upon about or with such chattel or article or in upon about or with any cask bottle stopper vessel case cover wrapper band reel ticket label or other thing in upon about or with which such chattel or article shall be sold or uttered-or exposed for sale or other purpose as aforesaid shall for every such offence forfeit and pay to Her Majesty a sum of money equal to the value of the chattel or article so sold uttered offered or exposed for sale or other purpose as aforesaid and a further sum not exceeding five pounds and not less than ten shillings.

Additions to and	11. Every addition to and every alteration of and also every
alterations of trade

marks made with	imitation of any trade mark which shall be made applied or used with
intent to defraud	intent to defraud or to enable any other person to defraud or which

to be deemed f o r g e r - C a U S e	' ' a trade mark with such alteration or addition or shall
cause such imitation of a trade mark to resemble any genuine trade mark so or in such manner as to be calculated or likely to deceive shall be and be deemed to be a false forged and counterfeited trade mark within the meaning of this Act and every act of making applying

. or otherwise using any sucli addition to or alteration of a trade mark or any such imitation of a trade mark as aforesaid done by any person with intent to defraud or to enable any other person to defraud shall be and be deemed to be forging and counterfeiting a trade mark within the meaning of this Act.

Any person who 12. Where any person who at any time after the first

8haTihâ ’̂ l)wVn̂ ‘̂̂ ^y August 0116 thousand eight hundred and sixty-five shall

article having a liave sold Uttered or exposed for sale or other purpose as aforesaid or

tobeb̂ ûnd™to give shall hav6 causcd or procured to be sold uttered or exposed for sale or

information where	................	other purpose as aforesaid any chattel or article together with any
be procured it.	forged or counterfeited trade mark or together with the trade mark of any other person used without lawful authority or excuse as aforesaid and that whether any such trade mark or such forged or counterfeited trade mark as aforesaid be in upon about or with such chattel or article or in upon about or with any cask bottle stopper vessel case cover wrapper band reel ticket label or other thing in upon about or with which such chattel or article shall have been sold or exposed for sale such person shall be bound upon demand in writing delivered to him or left for him at liis last known dwelling-house or at the place of sale or e-xposure for sale by or on the behalf of any person whose trade mark shall have been so forged or counterfeited or used without lawful authority or excuse as aforesaid to give to the person T-equiring the same or his attorney or agent within forty-eight hours after such demand full information in writing of the name and address of the person from whom he shall have purchased or obtained such chattel or article and of the time when he obtained the same and it

Power to Justices	to shall be lawful for any Justice of the Peace on information on oath and on being satisfied that such demand ought to be complied with to order such information to be given within a certain time to be appointed
siiminou parties

refusing to give of such demand and refusal to summon before him the party refusing

• information.

. by

1865.	28« VIO.	No. 9.
Trade Marks.

by him and any such party who shall refuse or neglect to comply with such order shall for every such offence forfeit and pay the sum of live j)ounds and such refusal or neglect shall he primd facie evidence Penalty for refusal

that the person so refusing or neglecting’ had full knowledge that the

trade mark together with Avhich such chattel or article Avas sold or

uttered or exposed for sale or other purpose as aforesaid at the time of such selling uttering or exposing Avas a forged counterfeited and false trade mark or was the trade mark of a jierson Avhich had been used Avithout lawful authority or excuse as the case may he.

13. Every person avIio Avhh intent to defraud or to enable Marking any false

another to defraud shall put or cause to procure to he put upon any

chattel or article or upon any cask bottle stopper vessel case cover with Intent to

Avrapper hand reel ticket label or other thing together Avith Avhich any s\‘jt,','̂ cciuarto tL'̂

chattel or article shall be intended to be or shall be sold or uttered or value o f the article

exposed for sale or for any p’arposc of trade or manufactui’e or iipon

any case frame or other thing in or by means of Avhich any chattel or pounds and not less

article shall be intended to be or sliall be exposed for sale any

description statement or other indication of or respecting the number

quantity measure or Aveight of such chattel or article or any part

thereof or of the place or country in Avhicli such chattel or article

shall have been made manufactured or produced or shall put or cause

or procure to be pfxt upon any such chattel or article cask bottle

stopper vessel case cover Avrapper band reel ticket label or thing as aforesaid any Avord letter figure signature or mark for the purpose of

falsely indicating such chattel or article or the mode of manufacturing or producing the same or the ornamentation shape or configuration thereof to lie the subject of any existing patent privilege or copyrigbt shall for every such offence forfeit and pay a sura of money equal to the value of the chattel or article so sold or uttered or exposed for sale and a further sum not exceeding five pounds and not less than

ten shillings.

14. Every person Avho after the first day of August one selling or e.-tposing

thousand eight hundred and sixty-five shall sell utter or expose for

sale or tor any purpose ot trade or manulacture or shall cause or articles with faUe

procure to be sold uttered or exposed for sale or other purpose as tnfe'g &c

aforesaid any chattel or article upon Avhich shall have been to his not more than fiVo

knoAvledge put or upon any cask liottle stopper vessel case cover

Avrapper band reel ticket label or other th ing together Avith Avhich	■	“
such chattel or article shall be sold or uttered or exposed for sale or other purpose as aforesaid shall have been so put or upon any case frame or other thing used or employed to expose or exhibit such chattel or article for sale shall have been so put any false description statement or other indication of or respecting the nnmber quantity
measure or Aveight of such chattel or article or any part thereof or
the place or country in Avhich such chattel or article shall have been
made manufactured or produced shall for CÂ ery such offence forfeit
and pay a sum not exceeding fiA'e pounds and not less then ten shillings.

15. ProA’ided alAvays that the provisions of this Act shall not be p,.oviso that it shall construed so as to make it any offence for any person to apply to any not be an offence to

chattel or article or to any cask bottle stopper vessel case cover

Avrapper band reel ticket label or other th ing Arith Avhich such chattel used tor indicating 1 • 1 T 11 1 11 T pul llLllltll vll

or article shall bo sold or intended to be sokl tiny name Avord or manufactures,

expression generally used for indicating such chattel or article to be

of some particular class or description of mannfacture only or so as to

make it any offence for any person to sell utter or offer or expose for

sale any chattel or article to which or to any cask bottle stopper vessel

case cover wrapper band reel ticket label or other thing sold thereAvith any such generally used name Avord or expression as aforesaid shall

have been applied.

No. 9.	28« VIO.	1865.
Trade Marks.

Description of trade	16. Ill every indictment pleading proceeding and document it shall he Sufficient to mention or state the same to he a trade mark without further or otherwise describing such trade mark or setting forth any copy or fac-simile thereof and in every indictment pleading proceeding and document whatsoever in which it shall be intended to mention any forged or counterfeit trade mark it shall he sufficient to mention or state the same to he a forged or counterfeit trade mark without further or othenvise describing such forged or counterfeit trade mark or setting forth any copy or fac-simile thereof.
uade m°aiks 111̂	whatsoever in which any trade mark shall he intended to be mentioned
indictments &c.
Coiivietioii not to
affect any right or	17. The provisions in this Act contained of or concerning any act or any proceeding judgment or conviction for any act hereby declared to be a misdemeanor or offence shall not nor shall any of them take away diminish or prejudicially affect any suit process pro­ ceeding right or remedy which any person aggrieved by such act may he entitled to at law in equity or otherwise and shall not nor shall any of them exempt or excuse any person from answering or making discovery upon examination as a witness or upon interrogatories or otherwise in any suit or other civil proceeding Provided always that no evidence statement or discovery which any person shall be compelled to give or make shall he admissible in evidence against such person in support of any indictment for a misdemeanor at common law or otherwise or of any proceeding under the provisions of this Act.
civil remedy.

Intent to defraud &c. ig. In eveiw indictment information conviction pleading and need not bo alleged proccediiig against any person lor any misdemeanor or other offence in an indictment &c. against the pi’ovisions of this Act in which it shall he necessary to

allege or mention an intent to defraud or to enable another to defraud it shall be sufficient to allege or mention that the person accused of having done any act which is hereby made a misdemeanor or other offence did such act with intent to defraud or with intent to enable some other person to defraud without alleging or mentioning an intent to defraud any particular person and on the trial of any such indictment or information for any such misdemeanor and on the hearing of any information or charge of or for any such other offence as aforesaid and on the trial of any action against any person to recover a penalty for any such other offence as aforesaid it shall not he necessary to prove an intent to defraud any particular person or an intent to enable any particular person to defraud any particular person hut it shall be sufficient to prove with respect to every such misdemeanor and defence that the person accused did the act charged with intent to defraud or with the intent to enable some other person to defraud or with the intent that any other person might he enabled to defraud.

Persons who aid in

the commission of a 19. Every person who shall aid abet counsel or procure the

misdemeanor to be	commission of any offence which is by this Act made a misdemeanor
also guilty.	shall also be guilty of a misdemeanor.
Punishment for mis­
demeanor under this	20. Every person who shall be convicted or found guilty of any offence which is hy this Act made a misdemeanor shall he liable at the discretion of the Court and as the Court shall award to suffer such punishment hy imprisonment for not more than two years with or without hard labor or hy fine or both by imprisonment with or without hard labor and fine and also by imprisonment until the fine (if any) shall have been paid and satisfied.
Act.
Recovery of
penalties.	21. In every case in which any person shall have committed or done any offence or act whereby he shall have forfeited or become liable to pay any of the penalties or sums of money mentioned in the provisions of this Act every such penalty or sum of money shall or may be recovered in an action of debt Avhich any person may as plaintiff for and on behalf of Her Majesty commence and prosecute to

judgment

1865.	28" VIC.	No. 9.
Trade Marks.

judgment in any Court of Record and the amount of every such penalty or sum of money to be recovered in any such action shall or may he determined by the jiiry (if any) sworn to try any issue in such action and if there shall be no such jury then hy the Court or some other jury as the Court shall think fit or instead of any such action being commenced such penalty or sum of money shall or may he recovered by a summary proceeding before two Justices of the Peace having jurisdiction in the district or place where the party offending shall reside or have any place of business or in the district or place in which the offence shall have been committed.

22. In every case in which any such penalty or sum of money Summary proeeed- forfeited as hereinbefore mentioned shall be sought to be recovered by to®be*wuw/ir*and a summary proceeding before two Justices of the Peace the offence or 12 victoria c. 43.

act by the committing or doing of which such penalty or sum of money shall have been so forfeited shall be and be deemied to be an offence and act within the meaning of a statute passed in the twelfth year of the reign of Her present Majesty intituled “ An Act to facilitate the “ performa,nce of the duties of Justices of the Peace out of Sessions “ loithin England and JVales with respect to Summary Convictions and “ Orders'' and the information conviction of the offender and other proceedings for the recovery of the penalty or sum so forfeited shall be had according to the provisions of the said Act.

23. In every case in which judgment shall be obtained in any in actions penalties

such action as aforesaid for the amount of any such penalty or sum of 1“ J’itc

money forfeited the amount thereof shall be paid by the defendant to other moneys pay-

the Sheriff or the Officer of the Court who shall account for the same in̂ '̂tô re-

to the Colonial Treasurer and if it be not paid may be recovered or coyer full costs of

the amount thereof levied or the payment thereof enforced by execu­

tion or other proper proceeding as money due to Her Majesty and the

plaintiff suing on behalf of Iler Majesty upon obtaining judgment

shall be entitled to recover and have execution for all his costs of suit

which shall include a full indemnity for all costs and charges which

he shall or may have expended or incurred in about or for the purposes

of the action unless the Court or a Judge thereof shall direct that

costs of the ordinary amount only shall be allowed.

21. No person shall commence any action or proceeding for Limitations of

the recovery of any penalty or procuring the conviction of any offender actions &c.

in manner hereinbefore provided after the expiration of one year

next after the committing of the offence or one year next after the

fir.st discovery thereof by the person proceeding.

25. In every case in which at any time after the first day After ist August

of August one thousand eight hundred and sixty-five any person

shall sell or contract to sell (whether by writing or not) to any other mark to be deemed

person any chattel or article with any trade mark thereon or upon any maXirgeim̂ V̂ *̂

cask bottle stopper vessel case cover wrapper band reel ticket label or

other thing together with which such chattel or article shall be sold

or contracted to be sold the sale or contract to sell shall in every such

case be deemed to have been made with a warranty or contract by

the vendor to or with the vendee that every trade mark upon such

chattel or article or upon any such cask bottle stopper vessel case

cover wrapper band reel ticket label or othei‘ thing as aforesaid was

genuine and true and not forged or counterfeit and not wrongful^

used unless the contrary shall be expressed in some writing signed by

or on behalf of the vendor and delivered to and accepted by the vendee.

26. In every case in w'hich at any time after the first day After 1st August

of August one thousand eight hundred and sixty-five any person ^ */ »/ A &rticic witli Q6scriD"

shall sell or contract to sell (whether by writing or not) to any other tion upon it of its person any chattel or article upon which or upon any cask bottle aeemedto'contraot stopper vessel case cover wrapper band reel ticket label or other thing that the desciip-

together

No. 9.	28̂ VIO.	1865.
Trade Marks.

together with which such chattel or article shall be sold or contracted

• to be sold any description statement or other indication of or respecting the number quantity measure or weight of such chattel or article or the place or country in Avhich such chattel or article shall have been made manufactured or produced the sale or contract to sell shall in every such case be deemed to have been made with a Avarranty or contract by the A endor to or Avith the vendee that no such description statement or other indication Avas in any material respect false or untrue unless the contrary shall be expressed in some writing signed by or on behalf of the vendor and delivered to and accepted by the vendee.

In suits at law or ia 27. In eA'cry casc in any suit at law or inequity against any sonŝ bî Sinĝ orged Person for forging or counterfeiting any trade mark or for fraudulently

trade marks Court applyins: an>̂ trade mark to au chattel or article or for selling

Hi d y u i u. cr d i L i c m • p i i j * l i j i j * i *11 j t t

to ire destroyed and oxposmg loi’ Sale Or littering any chattel or article with any trade mark non & c A v r o n g f u U y applied thereto or with any forged or counterfeit

’ trade mark applied thereto or for preventing the repetition or continu­ ance of any such WTongful act or the committal of any similar act in Avhich the plaintiff shall obtain a judgment or decree against the defendant the Court shall have power to direct every such chattel and article to be destroyed or otherwise disposed of and in every such suit in Court of laŵ the Court shall or may upon giving judgment for the

' plaintiff award a wait of injunction or injunctions to the defendant commanding him to forbear from committing and not by himself or otherwise to repeat or commit any offence or wrongful act of the like nature as that of Avhich he shall or may have been conAucted by such judgment and any disobedience of any such writ of injunction or injunctions shall be punished as a contempt of Court And in every such suit at law or in equity it shall be lawful for the Court or a Judge thereof to make such order as such Court or Judge shall think fit for the inspection of every or any manufacture or process carried on by the defendant in which any such forged or counterfeit trade mark or any such trade mark as aforesaid shall be alleged to be used or applied as aforesaid and of every or any chattel article and thing in the possession or power of the defendant alleged to have thereon or in any ŵ ay attached thereto any forged or counterfeit trade mark or any trade mark falsely or Avrongfully applied and every or any instrument in the possession or pow er of the defendant used or intended to be or capable of being used for producing or making any forged or counterfeit trade mark or trade mark alleged to be forged or counterfeit or falsely or AATOngfully applying any trade mark and any person who shall refuse or neglect to obey any such order shall be guilty of a contempt of Court.

Persona aggrieved	28.	In every case in Avhich any person shall do or cause to be
by forgeries may

recover damages	done any of the Avrongful acts following (that is to say) shall forge or
against tlie guilty
parties.	counterfeit any trade mark or for the purpose of sale or for the pur­ pose of any manufacture or trade shall apply any forged or counterfeit trade mark to any chattel or article or to any cask bottle stopper  essel case cover wrapper band reel ticket label or other thing in or Avith which any chattel or article shall be intended to be sold or shall be sold or uttered or exposed for sale or for any purpose of trade or manu­ facture or shall enclose or place any chattel or article in upon under or Avith any cask bottle stopper  essel case cover Avrapper band reel ticket label or other thing to wliich any trade mark shall have been falsely applied or to which any forged or counterfeit trade mark shall have been applied or shall apply or attach to any chattel or article any case cover reel wrapper band ticket label or other thing to which any trade mark shall have been falsely applied or to which any forged or counterfeit trade mark shall have been applied or shall enclose place

18G5. 28° VIC. No. 10.

Fishrries.

or attaeli any chattel or article in upon under with or to any cask hottle stopper vessel case cover reel wrapper hand ticket label or other thing having thereon any trade mark of any other person OÂery person aggrieved by any such wrongful act shall he entitled to maintain an action or suit for damages in respect thereof against the person Avho shall he guilty of having done such act or of causing or procuring the same to he done and for preventing the repetition or continuance of the wrongful act and the committal of any similar act.

29.

of this Act commence as plaintiff for or on behalf of Her Majesty for f„aent\uy*’ior̂ cM̂sl*

recoA'cring any penalty or snm of money if the defendant shall obtain

judgment he shall he entitled to re(!OAmr his costs of suit Avhich shall

include a full indemnity for all the costs charges and expenses hy him

expended or incurred in about or for the purposes of the action unless

the Court or a Judge thereof shall direct that costs of the ordinary

amount only shall be alloAVcd.

In e ery action Avhich any ])crson shall under the provisions Defenciant obtaining

30. In any action Avhich any person shall under the proA’isions a pi.iintiff suing for

of this Act commence as plaintiff for or on behalf of Her Majesty

for recoA'cring any penalty or sum of money if it shall be shoAvn to security lor costs.

the satisfaction of the Court or a Judge thereof that the person suing

as plaintifp for or on behalf of Her M ajesty has no ground for alleging

that he has been aggrieved by the committing of the alleged offence in

respect of Avhich the penalty or sum of money is alleged to haA'e

become payable and also that the person so suing as plaintiff is not

resident Avithin the jurisdiction of the Court or not a person of sufficient

property to he able to pay any costs Avhich the defendant may recover

in the action the Court or Judge shall or may order that the plaintiff

shall giA'e security hy the bond or recognizance of himself and a surety

or by the deposit of a sum of money or othenvise as the Court or Judge shall think fit for the payment to the defendant of any costs which he may he entitled to recover in the action.

31. The expression “ The Trade Marks Act 1865 ” shall be a Short title,

sufficient description of this Act.